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Cfw ,U.K. 

Z 640 




THE 

METROPOLITAN BUILDINGS 
ACT. 

7th & 8th VICT. CAP. 84. 
WITH NOTES AND AN INDEX 

BY 

DAVID GIBBONS, ESQ. 

OF THE MIDDLE TEMPLE, SPECIAL PLEADER. 



LONDON: 
JOHN WEALE, 59, HIGH HOLBORN. 

M.DCCC.XLIV. 



printed by w. hughes, 
king's head court, gough square. 




ADVERTISEMENT. 

Thb Italic letters in the following pages have been used not 
to mark with emphasis the passages in which they are found, 
but simply to indicate the parts of the enactments which have, 
generally, been written according to one uniform method. 

This expedient would have been of more use if the initial 
letters of nouns substantive had not been so often printed 
in capitals, and if the numerals which denote the numbers of 
the sections had not also been printed in capitals, and in the 
first line of the section, but these typographical defects were 
discovered when it was too late to correct them. 

T3rpographical aids might be more extensively employed 
with great advantage so as to contrast the separate parts of 
an enactment ; but probably the present experiment is as much 
as could sfifely be adopted. 

In writing these enactments the following appears to be^ 
generally, the method of statement. 
Fir9t. The subject matter, with the action thereon^ which it 

is the object of the enactment to require or permit, — ^the 

former indicated by the words " with regard to," the latter 

by the words " so far as relates to." 
Secondly, The case in which such action is to take place — 

indicated by the word ** if" 
Thirdly. Any conditions to be observed antecedently to such 

action — indicated by the word " then," 



IV ADVERTISEMENT. 

Fourthly, The action, whether matter of right or duty, — indi- 
cated by the words " it shall be lawful ** or " it shall he the 
Duty;" — with the person by whom the action is to be 
performed ; and the character of the right or duty under 
which such action is to be performed — indicated by the 
words " he is hereby empowered," or " authorized," or 
" required." 

fifthly. Any condition concurrent with such action or limiting 
it — indicated by the words *' but so that" 

Sixthly. Any condition subsequent — ^indicated by such words 
as *' on condition" 

Seventhly. Any proviso, or any declaration necessary to give 
full efiiect to the objects of the enactment ; which proviso 
or declaration, it is to be observed, follows the same 
method as the enactment to which it belongs. 

Each clause of a section is indicated by the words " AND 
THAT,** printed in the same type as the words " AND BE 
IT ENACTED," with which they are connected, and be- 
ginning a new line. 

It Jiirould be out of place to explain here the reasons which 
would seem to justify the distribution of the matter in the 
manner adopted. The object (and the general result) is 
greater clearness. 

August, 1844. 



CONTENTS, 



GENERAL PROVISIONS. 

Section Pagre 

1. Commencement of Act, and Repeal of existing Statutes . . 4 

2. Ckmstruction of certain Terms and Expressions . . . ilf. 

3. Localities in which the Act is to operate .... 7 

4. Powers to extend the local Limits of the Act . . . iL 

REGULATION OF BUILDINGS, NEW AND OLD. 

5. All Buildings hereafter to he huilt (except those set forth in 

the Schedule (B.) and Sewers), and all rehmlding and alter- 
ing of existing Buildings, to he suhject to the Rules and 
Directions set forth in the Schedules to the Act; with 
Power to Official Referees to determine all Matters of Douht 
or Difference 9 

6. All first Rate Buildings of the Second Class, and Puhlic 

Buildings of the Third Class, to he suhject to the special 
Supervision of the Official Referees, as well as the ordinary 
Supervision of the Surveyor : and Matters of Difference to 
be determined by the Official Referees, or, on Appeal, by the 
Commissioners of Works and Buildings . . . .10 

7. All exempted Buildings specified in Schedule (B.) to be under 

the special Supervision of the Official Referees . . . iO. 

8. Buildings not coming within any Class or Rate to be subject 

to Directions of Surveyor and Official Referees . . .11 

9. Building Contracts to be fulfilled in conformity with the Re- 

quirements of this Act, and any Differences as to Expense to 
be decided by the Surveyor, or, on Appeal, by the Official 
Referees ib. 

10. Building Leases to be fulfilled as if made under this Act ; and 

Official Referees to determine any Loss occasioned thereby, 

and to award Compensation 13 

11. Commissioners of Works and Buildings empowered to modify 

Rules generaUy on Report by the Official Referees . . 14 

12. Further Power given to Official Referees, and Commissioners 

to consent to Modification of Rules as to rebuilding existing 
Buildings on the same Site 15 



VI CONTENTS. 

BUILDERS. 
Section Fkge 

13. Two Days* Notice of certain Operations to be given by Builders 

to Surveyors, subject to a Penalty of iB20 for Neglect. If 
Building begun without Notice, or Inspection denied, such 
Building to be deemed a Nuisance. Proviso for Emergency 16 

BUILDINGS GENERALLY. 

14. Surveyor to give 48 Hours* Notice to Builders and others as to 

Irregularities in Works, and, if necessary, cut into the Works. 
If Amendment be not made within 48 Hours, to inform the 
Official Referees, who are to proceed according to Circum- 
stances 18 

15. Provides for the special Supervision of Buildings of the First 

Rate of the Second Class, and of Buildings of the Third Class ; 
if such Buildings be used before being certified, the Owner 
or Occupier subject to a Penalty of iS200 per Day ; but the 
Justices to consider the Circumstances of such Use . • 19 

16. Provides for the special Supervision of exempted Buildings, and 

that the Use of such Buildings shall incur a Penalty of JSIOO 
per Day; but the Justices to consider the Circumstances of 
such Use 21 

17. The Surveyor and Official Referees may enter upon Premises 

where Operations have been commenced, for the Purpose of 
inspecting the same during working Hours ; Parties refusing 
Entry to be liable to a Penalty of JS20, and forcible Entry 
may be made 23 

18. All Buildings not according to the Act to be deemed a Nui- 

sance, and Proceedings to be taken by the Surveyor for the 
Removal thereof 24 

19. Workmen and others offending against the Rules and Directions 

of the Act to forfeit 50«. or be imprisoned One Month . 27 

PARTY-WALLS, PARTY-FENCES, AND INTERMIXED 
BUILDINGS. 

20. What Works may be executed on adjoining Properties by 

Building-Owners and adjoining-Owners .... 28 

21. If Building-Owner do not obtain Consent of adjoining-Owner 

he must give him Notice before commencing to pull down, &c. 30 

22. If the adjoining-Owner desire the Modification of the Work, 

to render it suitable to his Premises, Notice thereof to be 
given, or Application made to Official Referees . , , ib. 

23. Delay of Work for Convenience of adjoining-Owner to be 

obtained in like Manner 31 

24. Where Consent of adjoining-Owner cannot be obtained. Notice 

to be given to the Surveyor and Official Referees, and Pro- 
ceedings thereon by the Surveyor • • • • • 33 



C0NTBNT8, TU 

Section Page 

25. Defective Party-Structures to be repaired and rebuilt at joint 

Expense . . . 36 

26. Party-Walls may be rebuilt at the Expense of the Building- 

Owner on Three Months' Notice ib, 

27. A Building-Owner rebuilding of a higher Rate, without pulling 

down the existing Party-Wall, to erect an external Wall 
against such Party- Wall 37 

28. Damage arising from Erection of such external Wall to be made 

good by Building-Owner ; and Footings in Chimneys may be 

cut into after One Month's Notice, but must be again made good ib, 

29. If Damage appear to adjoining-Owner to render the Wall 

ruinous or dangerous, the Surveyor or Official Referees to 
survey and determine as to rebuilding thereof ... 39 

30. Rebuilding of sound Party-Walls under certain Circumstances 41 

31. As to the raising of future and existing Buildings and Chim- 

neys, and the Use of any raised Building by the adjoining- 
Owner ib. 

32. Party-Fence-Walls to be repaired, &c., on giving One Month's 

Notice, or rebuilt as a Party-Wall, on Payment of all Ex* 
X>ense8, and for the Damage to adjoining Premises. Reim- 
bursement of Expense, if afterwards used by adjoining-Owner ; 
and Application to Official Referees for Erection of a Screen 
Wall 42 

33. If Buildings be rebuilt, or One Fourth of the Front or One 

Story thereof pulled down, the Building-Owner to build a 
proper Party-Wall 43 

34. Intermixed Buildings to be pulled down in certain Cases . 44 

35. The Division-Walls of the Chambers of the Inns of Court ad- 

joining Staircases to be deemed Party-Walls , . . ib. 

36. Building-Owner may enter adjoining Premises to execute Works 

duly authorized ; if hindered, may break open the Premises ; 
and Party obstructing liable to a Penalty of £10. . . 45 

37. Openings in external Walls abutting on other Premises, if made 

without Consent, to be stopped within One Month, at the 
Cost of the Party making such Openings ; and Costs, in case 
of Dispute, to be settled by Official Referees , . • 46 

38. Party-Walls, &c., to be built next vacant Ground, to be notified 

One Month to the adjoining-Owner, to enable him to consent ; 
if he do not consent, the same shall be erected entirely on 
Builder's Ground, except as to Footings . . . .47 

39. Chimney-Breasts, &c., in a new Party-Wall, to be built for the 

adjoining-Owner, at his Expense, if Instructions given in due 
Time 48 

RUINOUS BUILDINGS. 

40. The repairing or pulling down of ruinous Buildings to be 

effected by the Lord Mayor or Overseers, as directed by the 
Official Rdiereea, on Certificate of Surveyor • . • 49 



Vm CONTENTS. 

Section Page 

41. The Materials to be sold to pay the Costs ; Surplus to be paid 

to Owner of the Building, and any Dispute to be referred to 
Official Referees ; if no Demand, Surplus to be paid to City 
of London, or added to Poor Rates oi other Places . . 51 

42. If a Deficiency of Funds, the Balance to be paid by Owner or 

Occupier, or levied by Distress ; but Occupier may deduct 
from Rent 52 

43. Ruinous Chmmeys, R00&, &c., to be repaired by Occupier 

within Thirty-six Hours after Notice by Surveyor, cm: to be 
taken down or secured as a Justice may direct ... 54 

44. Damage caused by the falling of any Chimney, &c., to be com* 

pensated by the Owner of the Buildings from which it fell . 55 

45. Powers and Authorities of the Mayor and Aldermen of London, 

how to be exercised 56 

BXPSNSBS or WORKS. 

46. Reimbursement of Expenses of Works in certain Cases of ad- 

joining Properties ib. 

47. For Recovery of Expenses of Buildings an Account to be deli- 

vered, subject to Appeal, to the Official Referees, and to be 
amended if Disapproval certified by them .... 60 

48. Occupier paying such Expenses to deduct the Amount out of 

his Rent 62 

49. Owner first liable for Expenses incurred in respect of any Build- 

ing held under Lease, &c., heretofore made, to recover from 
Persons liable ; and Disputes to be referred to Official Refe- 
rees. Expenses incurred in respect of Buildings held under 
Lease, &c., hereafter made, to be charged on the Lessor. 
Builder entitled to receive Rents, on giving Notice to the 
Occupier, or to recover Proportions to be fixed by the Official 
Referees. Limitation and Continuance of Distress . . 6S 

50. The Official Referees empowered to determine the proportional 

Contributions to be paid by Part Owners, and Expenses to 

be recovered in Terms of the Award ..... 65 

DRAINAOB OF HOUSES. 

51. Drains to be made according to Schedule (H.); saving the 

Rights and Powers of the Commissioners of Sewers . . 66 

STREETS AND ALLEYS. 

52. "V^th thereof to be according to the Rules in Schedule (L) . 67 

BUILDINGS, USB THEREOF. 

53. Rooms or Cellars in Buildings of the Dwelling-House 'Class, 

unless made conformably to Schedule (K.), not to be used 
or occupied (except as Ware-rooms or Store-rooms), under a 
Penalty of 20*. per Day 68 



CONTENTS. IX 

Section I'agft 

54. Buskuesses dangerous as to Fire not to be nearer other Buildings 

than. 50 Feet ; new Businesses to be 40 Feet from pubUc 
Ways. Businesses at less Distances prohibited after 20 Years. 
Penalty of £ 50 for erecting Buildings, and £ 50 per Day for 
carrying on Businesses, contrary to Act. ImprisoBment for 
Six Months if Penalty not paid 69 

55. Businesses dangerous as to Health to be made subject to like 

Regulations ; but to be discontinued after 30 Years . . 70 

56. Justices may ascertain the Means used to mitigate the Noxious- 

ness of Businesses, and to lessen Penalty accordingly ; and 
may suspend Execution if other Means of Mitigation be 
adopted 72 

57. Appeal to Quarter Sessions as to Conviction of Justices in 

respect of certain Trades not specified .... 73 

58. Trial by Jury, and Proceedings at Quarter Sessions . . 74 

59. Appeals to Quarter Sessions for Surrey and Kent in respect to 

Convictions for carrying on certain Trades ... 76 

60. Common Law and Statutory Remedies in respect of such Trades 

not affected 77 

61 . Trades deemed Nuisances removeable by Purchase,on Memorial 

by Two-Thirds of Inhabitants, and Order in Council thereon. 
Trades so purchased not to be carried on after Payment or 
Tender of Compensation ib, 

62. Funds for defraying such Compensation .... 78 

63. Public Gas Works, and certain Buildings under the Excise 

Survey, exempted from the Operation of the above Provisions 79 

SURYETORS, THEIR DISTRICTS AND DUTIES. 

' 64. Lord Mayor and Aldermen of London, and Justices in Quarter 
Sessions for other Parts, may appoint, &c., Districts for Pur- 
poses of Act 80 

65. And may appoint Surveyors for such Districts . . . ib. 

66. Qualifications of Surveyors to be ascertained by Examiners 

appointed by Commissioners of Works, &c. Certificate of 
Examination to be produced by Candidates One Week before 
Election 81 

67. Surveyors to hold Office during Pleasure .... 82 

68. Functions generally of Surveyors t*. 

69. Disqualification of Surveyors 83 

70. Present Surveyors continued in Office subject to Act . . ib. 

71. Declaration of Surveyors. Penalty for acting before making 

Declaration 84 

72. Regulations as to offidal Duties, &c., of Surveyors . . 85 

73. Appointment of Deputy Surveyors in Cases of Illoeas, &c. . 86 

.74. Yacancies, how to be supplied ib, 

75. If District of any Surveyor appears to the Official Referee to 

be too large, Assistant Surveyors may be appointed • • 87 



X C0NTJINT8. 

Section Pkge 

76. Surveyor not to varrey any Building bidlt, &c.y under his pro- 

fessional Superintendence 88 

77. Fees of Surveyors, how to be paid fb. 

78. Returns of Works to be made by Surveyors to Begistrar of 

Metropolitan Buildings 89 

79. Penalty for Extortion, Negligence, or Unfaithfulness in his 

Duties 90 

OFFICIAL RBFXREB8. 

80. Appointment of Official Referees ; but no Referee to act as a 

Surveyor 91 

81. 82. Functions and Jurisdiction of Official Referees . 92-3 

83. To exercise Powers of Arbitrators 94 

84. As to Revocation of Authority of Official Referees . . . ib, 

85. Official Referees may take Evidence on Oath, and require the 

Production of Documents 95 

86. Their Award to be received as Evidence .... 96 

87. Declaration of Official Referees t*. 

88. Regulation of Business of Official Referees .... 97 

REGISTRAR OF METROPOLITAN BUILDINGS. 

89. Commissioners of Works and Buildings to appoint Registrar of 

Metropolitan Buildings t^. 

90. Registrar to make Declaration of official Fidelity ... 98 

91. To have Custody and Inspection of Records of Official Referees 99 

92. Commissioners of Works and Buildings to appoint Place of 

Business for Registrar 100 

93. As to Registration of Awards and Documents . , , ib. 

94. Remuneration of Official Referees and Registrar . . . ib. 

95. Disqualification of Official Referees and Registrar . . .101 

96. 97. Funds for defraying the Expenses of Official Referees and 

Registrar 101-3 

98. Appointment and Application of Fees. Table of Fees to be 

hung up in Office « 103 

OFFICERS GENERALLY. 

99. Appointments of Officers subject to Regulation by any future 

Act t^. 

LEGAL PROCEEDINGS. 

100. Informalities in Proceedings for Distress not to affect Pro- 

ceedings 104 

101. Tender of Amends before Action ; Payment of Compensation 

into Court t^. 

102. Recovery of Money under Awards 105 

103. Prosecution of Offences 106 



CONTENTS. XI 

Section Page 

104. No Appeal allowed (except as to Trades or Businesses offensive 

or dangerous) 107 

105. Appeal from Convictions for Penalties to be made within Four 

Months i6. 

106. Action for Penalties to be brought within Six Months . . 108 

107. Recovery and Appropriation of Penalties .... ib. 

108. Regulations as to Actions against Persons acting under the Act 109 

1 09. Plaintiff in any Action may be required to give Security for Costs 110 

110. Proceedings for Neglect or Evasion of Act limited ; and Notice 

of Action to be given Ill 

MISCELLANEOUS. 

111. liability of Owners and Occupiers for Expenses, &c., under 

this Act ib. 

112 — 115. Service of Notices on Ovmers and Occupiers . 112-15 

116. Service of Notices on Surveyors and Official Referees ^ .115 

117. Consents by incapacitated Persons i^. 

118. Certificates and Awards of Surveyors and Official Referees 

exempted from Stamp Duty 116 

SCHEDULES. 

Schedule (A.^ — Acts and Parts of Acts repealed . . .118 

Schedule (B.) — ^List of Buildings placed under special Supervision, 

and of those exempted from Supervision . . . .120 
Schedule (C.) — 

Part. I. — Rules for determining Classes and Rates of Buildings 121 
Part II. — Conditions of Rates of First or Dwelling-House Class, 

and WaUs thereof 124 

Part III. — Conditions of Rates of Second or Warehouse Class, 

and Walls thereof 126 

Part IV. — Rules concerning Buildings of Second or Warehouse 

Class 128 

Part V. — Rules concerning Third or Public Building Class . t*. 
Part VI. — Rule concerning fire-proof Accesses and Stairs to 

Buildings of the First and Third Classes . . . .129 
Part VII. — Rule concerning attached, detached, and insulated 

Buildings ib. 

Schedule (D.) 

Part I. — ^Rules concerning Walls of whatever Kind . . .131 

Part II.— External Walls 133 

Part III.— Party-WaUs 136 

Part IV. — Party-WiUls and Party-Arches between intermixed 

Property 139 

Part V. — Buildings over Public Ways ib. 

Schedule (E.) — ^Rules concerning External Projections . . 140 

Schedule (F.) — ^Rules concerning Chimneys . • . .142 



XU CONTENTS. 

Page 

Schedule (G.) — Rules eonceming Roof Coverings . . . 146 
Schedule (H.) — Rules concerning Drains to Buildings . . t^. 

Schedule (I.) — ^Rules concerning Streets and Alleys . . .147 
Schedule (K.) — Rules concerning Dwelling-Houses . . . 148 

Schedule (L.) — Fees to Surveyors 150 

Schedule (M.) — 

Summary of Proceedings to be taken or observed before and 

after Notices in relation to Buildings — Table of . .152 

Forms of Notice 153-9 

Index 160 



THE 

METROPOLITAN BUILDINGS ACT. 



7 & 8 VICTORIA REGINiE, CAP. LXXXIV. 

An Act for regulating the Construction and 
the Use of Buildings in the Metropolis and 
its Neighbourhood; [9/A August , 1844.] 

WHEREAS by the several Acts mentioned in Preamble. 
Schedule (A.) to this Act annexed Provisions 
are made for regulating the Construction of Buildings 
in the Metropolis, and the Neighbourhood thereof, 
within certain Limits therein set forth ; BUT FOR- Extension of 
ASMUCH as Buildings have since been extended in Jj^g^'^"nt 
nearly continuous Lines or Streets far beyond such*^^'^^- 
Limits, so that they do not now include all the 
Places to which the Provisions of such Acts, ac- 
cording to the Purposes thereof, ought to apply,— * 
and moreover, such Provisions require Alteration and 
Ammdmtnt,— IT IS EXPEDIENT to extend such 
Limits, and otherwise to amend such Acts : 

AND FORASMUCH as in many Parts of the Me- improye- 
tropoHs and the Neighbourhood thereof the Drainage Dndnage. 
of the Houses is so imperfect as to endanger the 
Health of the Inhabitants, IT IS EXPEDIENT to 
make Provision for facihtating and promoting the 
Improvement of such Drainage : 



2 METROPOLITAN BUILDINGS ACT. 

Securing a AND FORASMUCH as by reason of tHe Nar- 

width of rowness of Streets, Lanes, and Alleys, and the Want 

of a Thoroughfare in many Races, the due Ventilation 

of crowded Neighbourhoods is often impeded, and 

the Health of the Inhabitants thereby endangered, 

and from the close Contiguity of the opposite Houses 

the Risk of Accident by Fire is extended, IT IS 

EXPEDIENT to make Provision with regard to the 

Streets and other Ways of the Metropolis for securing 

a sufficient Width thereof: 

Improper AND FORASMUCH as many Buildings and Parts 

BuUdinga. of Buildiugs Unfit for Dwellings are used for that 

Purpose, whereby Disease is engendered, fostered, 

and propagated, IT IS EXPEDIENT to discourage 

and prohibit such Use thereof: 

Regulation AND FORASMUCH as by the carrying on in 

ofen)losive , . « 

Works. populous Neighbourhoods of certain Works, in which 
Materials of an exploisive or inflammable Kind are 
used, the Risk of Accidents arising from such Works 
is much increased, IT IS EXPEDIENT to r^ulate, 
not only the Construction of the Buildings in which 
such djingerous Works are carried on, but also to 
provide for the same being carried on in Bmldings at 
safe Distances from other Buildings which are used 
either for Habitation or for Trade in populous 
Neighbourhoods : 

Regulation AND FORASMUCH as by the carrying on of 

ofdeleteri- . -rrr i n • t^. i • i • ^ •■ -i 

ous Works, certain Works of a noisome Kind, or m wmch dele- 
terious Materials are used, or deleterious Products 
are created, the Health and Comfort of the Inhabi- 
tants are extensively impaired and endangered, IT IS 
EXPEDIENT to make Provision for the Adoption 
of all such Expedients as either have been or shall be 



METROPOLITAN Bt7ILDIN€ffi ACT. 3 

devised for carrying on sudi Businesses, so as to 
render them as little noisome or deleterious as pos- 
sible to the Inhabitants of the Neighbourhood, and if 
there be no such Expedients, or if such Expedients 
be not available in a sufficient Degree, then for the 
carrying on of such noisome and un^olesome Busi- 
nesses at safer Distances from other Buildings used 
for Habitation : 

AND FORASMUCH as great Diversity of Prac- Execution 
tice has obtained among the Officers appointed in superm. 
pursuance of the said Acts to smperintend the Execu- ther^f? 
tion thereof in the several Districts to which such 
Acts apply, and the Means at present provided for 
determining the numerous Matters in question which 
oonstantly arise tend to proimote such Diversity, to 
increase the Expense, and to retard the Operations of 
Persons engaged in Building, IT IS EXPEDIENT 
to make further Provision for regulating the Office of 
Surveyor of such several Districts, and to provide for 
the Appointment of Officers to superintend the Exe- 
cution of this Act throughout all the Districts to 
which it is to apply, and also to determine sundry 
Matters in question incident thereto, as well as to 
exercise in certain Cases, and under certain Checks 
and Control, a Discretion in the Relaxation of the 
fixed Rules, where the strict Observance thereof is 
impracticable, or would defeat the Object of this Act, 
or would nee^essly affect with Injury the Course and 
Operation of this Branch of Business : 



NOW FOR ALL THE SEVERAL PURPOSES ^^^^ 

above mentioned, and for the Purpose of consolidating ^^ V^ 

the Provisions of the Law relating to the Construction 



4 METROPOLITAN BUILDINGS ACT. 

and the Use of Buildings in the Metropolis and its 
Neighbourhood, 

BE IT ENACTED, by the QUEEN'S most Excel- 
lent Majesty, by and with the Advice and Consent of. 
the Lords Spiritual and Temporal, and Commons, 
in this present Parliament assembled, and by the 
Authority of the same, 
optntiaaoi THAT toith regard to this Act generally, so far as 
relates to the Operation thereof in reference to Time, 
it shall come into operation at the following Times ; 
(that is to say,) as to the Dbtricts and the Officers to 
be appointed in pursuance hereof, on the First Day of 
September next; and as to the Buildings, Streets, and 
other Matters, on the First Day of January, One 
Thousand Eight Hundred and Forty-five ; 
^^ AND THAT on the said First Day of January all 

"^***^' the Acts mentioned in the Schedule hereunto annexed, 
except so far as in the said Schedule is provided, shaU 
be and are hereby repealed. 

CoMtnie- II. AND BE IT DECLARED, with regard to 
Temtt. t^s Act generally, so/ar as relates to the Construction 
of certain Terms and Expressions used therein, 

THAT the following Terms and Expressions are 
intended to have the Meanings hereby assigned to 
them respectively, so far as such Meanings are not 
excluded by the Context, or by the Nature of the 
Subject Matter ; that is to say, — 

street. The Word " Street" to include every Square, Circus, Crescent, 

Street, Road, Place, Row, Mews, Lane, or Place along 
which Carriages can pass or are intended to pass, and that 
whether there he or he not, in addition to the Carriage- 
way, a Footway, paved or otherwise : 

Alley. The Word "Alley" to include any Court, Alley, Passage, 

or other public Place which can he used as a Footway 
only: 

Square. The Word '' Square " as applied to any Area of Building to 

contain One Hundred Superficial Feet : 

Floor. The Word " Floor " to mean the horizontal Platform fonning 

the Base of any Story, and to include the Timber or Bricks, 
or any other Substance constituting such Platform: 



METROPOLITAN BtJILDINGS ACT. 5 p^JSont. 

The Word *' Story " to include the full Thickness of such stoiTT" 
Floor, as well as the Space between the upper Surface of 
one Floor and the under Surface of the Floor next above 
it ; or if there be no Floor, then the Space between the 
Surface of the Ground and the under Surface of the Floor 
next above it : 

The Term " external Wall" to apply to every outer Wall of External 
Buildings now bmlt or hereafter to be bmlt, which (ex- ^^' 
ceptlng the Footing thereof on one Side) shall stand wholly 
upon Ground of the Owner of such Buildings, and shall 
not be used or intended to be used as a Party-Wall under 
the Definition herein-afker contained, whether the same 
shall adjoin or not to other outer or to Party-Walls : 

The Term " Party-WaU" to apply to every Wall which shall P«pty-WaU; 
be used, or be built in order to be used, as a Separation of 
Two or more Buildings with a view to the Occupation 
thereof by different Families, or which shall be actually 
occupied by different Families, and also every Wall which 
shall stand upon Groimd not wholly belonging to the same 
Owner to a greater Extent than the Projection of its 
Footing on one Side : 

the Term " already bmlt," used in reference to Buildings, to Already 
apply to Buildings built before the First Day of January, ^^*» 
One Thousand Eight Hundred and Forty-five, or commenced 
before that Day, and covered in and rendered fit for Use 
within Twelve Months thereafter ; and, used in reference 
to Streets and Alleys, to apply to all Streets or Alleys 
made or laid out before that Day, and which shall be 
formed and rendered fit for Use within Twelve Months 
thereafter: 

The Term " hereafter to be built," used in reference to HereiAer to 
Buildings, to apply to all Buildings to be built or com- ***»^*J 
menced after the First Day of January, One Thousand Eight 
Hundred and Forty-five, or which, being commenced, shall 
not be covered in within Twelve Months thereafter ; and, 
used in reference to Streets and Alleys, to apply to all 
Streets or Alleys not laid out before the said First Day of 
January, or which, being laid out, shall not be rendered 
fit for Use within Twelve Months thereafter : 

The Word " Parish " to include all parochial Districts and Pariah, 
extra-parochial Places in which separate Churchwardens, 
Overseers, or Constables are appointed; and where Two 
Parishes have been united for Ecclesiastical Purposes, then 
to include such united Parishes : 

The Word " Owner " to apply generally to every Person in Owner, 
possession or receipt either of the whole or of any Part of 
the Rents or Profits of any Ground or Tenement, or in the 
Occupation of such Ground or Tenement, other than as a 



OenertU 5 
FrooUUma, 



Official 
Referees. 



Sunreyor. 



The Sur- 
veyor. 



Month. 
The Com- 
nuuioners 
of Works 
and Build- 
ings. 

Justice of 
Peace. 



Local 
Officers. 



METROPOUTAN BUILDINGS ACT. 

Ti&iiant from Year to Tear, or for any less Term, or a 
Tenant at WiH: 

The Term '' Official Referees ^ to mean the Persons appointed 
in pursuance of this Act to be Official Referees of Me- 
tropolitan Buildings : 

The Word "Surveyor" to apply to all Surveyors to be 
appointed in pursuance of this Act, or whose Appointment 
is confirmed by this Act, and also to all Deputy or As- 
sistant Surveyors to be appointed under this Act: 

The Words " the Surveyor," used without any Addition, to 
mean the Surveyor in whose District the BuUdings, Street, 
or Alley, or other Subject Matter shall be, or any Deputy 
or Assistant Surveyor duly acting in his Behalf: 

The Word " Month " to mean a Calendar Month : 

The Expression " The Commissioners of Works and Build- 
ings " to mean the Commissioners of Her Majesty's Woods, 
Forests, Land Revenues, Works, and Buildings : 

The Expression " Justice of the Peace " to mean a Justice of 
the Peace for the County, Division, or Liberty within 
which the Building or other Subject Matter, or any Part 
thereof, is situate ; unless it be situate within the (^ty of 
London or the Liberties thereof, in reference to which any 
Matter or Thing elsewhere required or authorized to be 
done, either by One or by Two or more Justices of the 
Peace, may be done, either by the Lord Mayor of the City 
of London, or by any One, Two, or more Justices of the 
Peace for the said City ; or unless the Subject Matter be 
situate in the District of any Police Court of the Me- 
tropolis, in reference to which any Matter or Thing else- 
where required or authorized to be done by Two or more 
Justices, may be done by One Magistrate : ** 

And, generally, whensoever the Name of an Officer having 
loc^ Jurisdiction in respect of his Office is referred to, 
without n^ention of the Locality to which the Jurisdiction 
extends, such Reference is to be understood to indicate 
the Officer having Jurisdiction in that Place vrithin which 
is situate the Building or other Subject Matter, or any 
Part thereof, to which such Reference applies : 



• The Lord Mayor, Aldermen, and Recorder are Justices of 
the City of London. The Metropohtan Police District is de- 
fined by Statutes 10 Geo. IV. c. 44, 2 & 3 Vict. c. 47, and 
includes any District for which Her Majesty by Order in Coun- 
cil may appoint a Police Court, being within the Central Cri- 
minal Court District, or within fifteen miles from Charing 
Cross. 



METROPOLITAN BUILDINGS ACT, ^ J^^f^."^ 

Provtstoru. 

And, subject as aforesaid to the Context and to the Nature singular 
of the Subject Matter, Words importing the Singular and Plural. 
Number are to be understood to apply to a Plurality of Masculine 
Persons or Things, and Words importing the Masculine *?<1^«°"- 
Gender are to be understood to apply to Persons of the 
Feminine Gender, and Words importing an Individual are 
to be understood to apply to a Corporation or Company, Coroorate 
or other Body of Persons. ^^J' 

III. AND BE IT ENACTED, with regard to this Extent of 
Act generally, so far as relates to the Operation AaS refer. 
thereof in reference to Localities, iSSduiei 

TBLAT the Operation of this Act shall extend to 
all Places within the following Limits; (that is to say,) 

To all such Places lying on the North Side or left 
Bank of the River Thames as are within the 
exterior Boundaries of the Parishes of Fulham, 
Hammersmith, Kensington, Paddington, Hamp- 
stead, Homsey, Tottenham, Saint Pancras, 
Islington, Stoke Newingtpn, Hackney, Stratford- 
le-Bciw, Bromley, Poplar, and Shadwell : 

And to such Part of the Parish of Chelsea as Ues 
North of the said Parish of Kensington : 

And to all such Parts and Places lying on the 
South Side or right Bank of the said River as 
are within the exterior Boundaries of the Parishes 
of Woolwich, Charlton, Greenwich, Deptford, 
Lee, Lewisham, Camberwell, Lambeth, Streat- 
ham. Tooting, and Wandsworth : 

And to all Places lying within Two Hundred Yards 
from the exterior Boundary of the District hereby 
defined, except the Eastern Part of the said 
Boundary which is bounded by the River Lea. 

IV. AND FORASMUCH as, partly by the rapid ^^^^^%^ 
Increase of Population in the Neighbourhood of the Limits of 
Districts to which this Act is to apply, and partly by '^*''- 
the Tendency of this Act to induce Building Specula- 
tion in such Neighbourhoods, in order to evade the 
Provisions thereof, the Evils which have arisen in the 



®^r^ 8 METROPOLITAN BUILDINGS ACT. 

Districts not now subject to Regulation will in all 
Probability arise in such Neighbourhoods, IT IS 
EXPEDIENT to make Provision for the Prevention 
of such Evils, and if they should arise, for the Remedy 
thereof; 

NOW FOR THOSE PURPOSES BE IT EN- 
ACTED, with regard to this Act generally, 90 far 09 
relates to the Apphcation thereof to other Parts and 
Places in the Neighbourhood of the Districts ap- 
pointed by this Act, whether such Districts imme- 
diately adjoin such Parts or Places or not, 

THAT if, firom the growing Increase of the Po- 
pulation or otherwise, it shall appear to Her Majesty 
m Council to be expedient that the Provisions of this 
Act should be extended to any Place within Twelve 
Miles from Charing Cross, in the City of Westminster, 
then it shall be lawful for Her Majesty in Council 
to direct, by Order in Council, that at or from a 
Time to be named in such Order, the Provisions of 
this Act shall apply to such Places ; and at or from 
such Time all such Provisions, of whatever Nature, 
whether penal or otherwise, so far as they shall be 
capable of Apphcation to such Places, shall be and 
are hereby declared to apply thereto, as if such Places 
were expressly named herein. 
Publication AND THAT Notice of the Time when it shall 
Tnten^to please Her Majesty to order any such Extension to be 
extend taken into Consideration by Her Privy Council, shall 
AcT** ^ he pubUshed by Royal Proclamation in the London 
By Procia- Gazette, One Month at the least before such Exten- 
Gi^tte*" s^^^ s^l ^e ^^ taken into Consideration ; 
On the AND THAT Three Weeks, at the least, before such 

D^l* Matter shall be so considered, it shall be the Duty of 
the Official Referees, and the Overseers of the Parishes 
within which such Parts or Places are situate, to cause 
Copies of such Proclamation to be fixed on the Doors 
of the Churches and Chapels within such Parishes ; 
Publication AND THAT every Order in Council made in pur- 
**^ ^udS'ixT suance of this Enactment shall be pubUshed in the 
HiMtte. London Gazette. 



METROPOLITAN BtTILDINGS ACT. 9 ^««W»Vf. 

new and aid. 

V. AND NOW GENERALLY, FOR THE 
PURPOSE of regulating the BuMng and the Re- 
building upon Sites of former Buildings, and the 
enlarging and altering of all Buildings of what Nature 
soever, within the Limits aforesaid, 

BE IT ENACTED, toitk regard to every such 
Building hereafter to be built, (except the Buildings 
comprised in Schedule (B.) hereto annexed, and 
except Sewers made by or under the Direction of any 
Commissioners of Sewers,) so far as relates to building 
the same, and mth regard to every such Buildins 
either already or heredler built, (except the said 
Buildings comprised in the said Schedule (B.), and 
except the said Sewers,) so far as relates to the re- 
building and the enlarging or altering the same, and 
that whether such Buildings be built or rebuilt on old 
or new Foundations, or partly on old and partly on 
new Foundations, 

.THAT, notwithstanding anything contained to the iteg;uiation 
contrary in any Act of Parhament now in force, — SJ^I**^^" 
Every such Building shall be built, rebuilt, enlarged, 
or altered in reference to the Walls, whether external 
or Party-Walls, and to the Number and Height of the 
Stories or Rooms therein, and to the Chimneys, and 
to the Roofs, and to the Timbers, and to the Drains, 
and to the Projections, and to any other Parts or 
Appendages of every such Building, in the Manner Rates of 
and of the Materials, and in every other respect, in J^d ^S- 
conformity with the several Particulars, Rules, and newcs of 
Directions which are specified and set forth in the Footing, 
several Schedules (C), (D.), (E.). (F.), (G.). (H.), ^^^X 
(I.), (K.) to this Act annexed, according to the BuUdingi. 
Classes of Buildings, and the Rates of such Classes 
to which such Buildings are by the Schedule (C.) 
declared to belong ; subject nevertheless to any 
other Rules and Directions in this Act contained in 
the same Behalf; and subject in every Case of 
Doubt, Diflference, or Dissatisfaction in respect there- 
of, either between any Parties concerned or between 
any Party concerned and the Surveyor of the Dis- 



Building$, 10 METROPOLITAN BUILDINGS ACT. 

new ana Ota, 

trict, to the Determination of the Official Referees, 
upon a Reference of the Matter in question^ according 
to the Proyisions of this Act in that Behalf. 

BuUding. VI. AND BE IT ENACTED, with regard to 
pe^lsionof ^ Buildings of the First Rate of the Second or 
Official Warehouse Class, and to all Buildings of the Third 
*"^* or PubUc Building Class (except the Buildings herein- 
before excepted), 90 far as relates to the Supervision 
thereof, 

THAT, subject to the Provisions in Schedule (C.) 
and elsevirhere in this Act made in respect thereof, — 
Every such Building shall be built under the special 
Supervision of the Official Referees, according to the 
Provisions of this Act in that Behalf, as well as under 
the ordinary Supervision of the Surveyor; and iv 
any Difference arise as to virhether any such Building 
be liable to such special Supervision, the same shall 
be determined by the Official Referees; subject 
Appeal. NEVERTHELESS to an Appeal, at the Instance of 
any Party interested, to the Commissioners of 
Works and Buildings, whose Decision in the Matter 
shall be final. 

spedaisu. VII. AND WHEREAS by several Acts now in 

SeSpted^^ force certain Buildings and Structiures have been ex- 

BuUdings. emptcd from the Operation of the Act mentioned in 

the Schedule (A.) hereto annexed, for the Regulation 

of Buildings and Party -Walls within the Cities of 

London and Westminster, and the Liberties thereof, 

and other the Parishes and Places therein mentioned ; 

BE IT ENACTED, tvith regard to the Buildings 

herein-before exempted and comprised in Schedule 

(B.), so far as relates to the Supervision thereof, 

THAT, nothwithstanding anything contained to the 
contrary in any Act or Acts now in force, — ^Every such 
Building or other Structure mentioned in the said 
Schedule (B.) Part I. shall be subject to special Su- 
pervision by the Official Referees, according to the 
Provisions of this Act in that Behalf, and every such 



METROPOLITAN BUILDINGS ACT. ^^«S^S2^. 

Buildmg or other Structure mentioned in the said 
Schedule (B.) Part II. shall be exempt from Super- 
vision. 

VIII. PBOVIDED always, AND BE IT EN- Bf^jg; 
ACTED, with regard to any Building of whatever Rates. 
Kind which is not hereby expressly assigned to any 

Class or Rate of a Class, so far as relates to the 
Application of this Act thereto, 

THAT if any Party be desirous of erecting any 
Building which does not come within any one of the 
said Classes, or of any Rate of such Classes, then 
such Building shall be built in accordance with such 
Class and Rate as shall be directed by the Surveyor, 
subject, as in other Cases of Doubt, Difference, or 
Dissatisfaction, to an Appeal to the Official Referees. 

IX. PROVIDED always, AND BE IT EN- JJ^«;^o» 
ACTED, with regard to any Building of whatever Contnu:to5 
Class, so far as relates to the Modification of any 
written Contract or Agreement now in force for 
erecting or altering such Building (other than a 
Contract or Agreement in the Nature of a Building 
Lease), 

THAT it shall not be lawjul to execute such Con- in confor- 
tract otherwise than in conformity with the Provisions Si?Act'^ 
of this Act ; BUT it shall be lawjid for either Party, 
and he is hereby entitled, to deviate from such Con- 
tract so far as any Part thereof may remain to be 
executed after this Act shall have come into opera- 
tion ; and the Alterations rendered necessary by this 
Act shall be performed as if this Act had been in 
force when such Contract was entered into ; 

AND THAT i/'the Parties thereto shall disagree Reference to 
about the Difference of the Costs and Expenses of ieyo?!*ir on 
the Works when performed according to the Pro- ^pp^*?j 
visions of this Act, and the Works as stipulated for Referees! 
in such Contract, then^ upon Notice being given in 
Writing by one Party to the other, it shall be lawful 
for either Party and he is hereby entitled to refer the 



Mw^dSi. ^^ METROPOLITAN BUILDINGS ACT. 

Matter to the Surveyor, who shall determine the 
same, suhject to Appeal as aforesaid to the Official 
Referees ; and the Award of such Official Referees 
shall he final and hinding on all the Parties, and in 
all respects as if such Award had formed Part of the 
Contract ; AND the Costs of the Reference shall he 
borne by all or any or either of the Parties in such 
Manner and Proportion as the Surveyor, or in case of 
Appeal, as the Official Referees, shall appoint.^ 



* The time of notice not being specified by this section, it 
must be a reasonable notice, of which the Surveyor must 
judge. As the variation from the contract under this section 
is required by law, and not by the contract or consent of the 
party, and as a particular mode of ascertaining the amount is 
provided, it may be doubted whether the builder will be able 
to recover anything extra from his employer for the works 
done in obedience to this section, unless he proceeds in the 
manner here pointed out, by application to the Surveyor. The 
extra labour and materials he bestows will not be labour and 
materials which his employer contracts to pay for. His lia- 
bility to pay for the work is founded on the Act of Parliament, 
and the Act of Parliament alone. It is a general principle, that 
when a statute creates a right and specifies a remedy, such 
remedy and none other can be adopted. — Stevens o. Evans, 
2 Bur. 1152. 

When by contract between the parties, it is provided that 
the employer shall pay according to the certificate of a Sur- 
veyor. The Surveyor's certificate is a condition precedent to 
the right of the builder to sue. — Morgan v. Birnie, 9 Bing. 672,3; 
M. & Sc. 76; Bradley v. Mihies, 1 Bing. N. C. 644; 1 Scott, 
626, 697. 

The Surveyor and Official Referees have under this section 
only to determine the amount of the difference to be paid or 
allowed by the employer or builder to the other by reason of 
the works being done in conformity vrith the Act, and not 
the whole amount to be paid; and as the award is in this 
respect to be as binding as if it formed part of the contract, 
the payment of the extra amount must be enforced by action in 
the same manner as the contract price, and as an addition 
thereto. The payment of the costs may, I suppose, be enforced 
under s. 102. 

The cases at law determine that when a builder commences 
to work under a contract, and afterwards, with the authority of 
his employer, deviates from the contract and performs extra 



METROPOLITAN BUILDINGS ACT. 13 ^""^W 

new and old, 

X. PROVIDED always, AND BE IT ENACTED, ModS^tion 
with regard to any Building of whatever Class, so far ^^^""^ 
as relates to the Modification of any existing Lease, 
or Agreement for a Lease, heing of the Nature of a 
Building Lease, whereby any Person may be bound 
to erect Buildings, 

THAT, notwithstanding anything herein contained, 
if it be made to appear to the Official Referees, that 
any Rules, by this Act prescribed^ will prevent the due 
Observance of, or be at Variance with, any such Lease 
or Agreement, and that the Objects of this Act may be 
obtained by modifying such Rules either entirely or 
partially, in conformity with such Lease or Agreement, 
then it shall be lawful for the said Official Refe- 
rees by their Award to authorize such Modification ; 
SUBJECT NEVERTHELESS to the Approbation of the 
Commissioners of Works and Buildings ; and subject 
to such Modification, or in default thereof, it shall 
be the Duty of such Person so bound to erect Build- 
ings and he is hereby required to erect every Building 
agreed to be built by such Lease or Agreement, ac- 
cording to the Conditions rendered necessary by this 
Act, in the same or Uke Manner as if this Act had 
been passed and in operation at the Time of making 
such Lease or Agreement ; 

AND THAT, on the Completion of such Works, AppUcation 
either according to the Provisions of this Act or S^JJjjJ^ 
according to such Modification aforesaid, and on 
giving to the Lessor and other Owners of such 
Building, Fourteen Days' Notice of his Intention to 
apply to the Official Referees on this Behalf, it shall 

works, the contract is to be applied as far as it can, and for the 
extra works he is entitled to a fair measure and value price. — 
Pepper v. Burland, Peake, 103 ; Robson v, Godfrey, Holt, N. P. 
p. 236. 

When he performs only a part of the work contracted for, 
he is not to have measure and value price for so much, hut a 
deduction is to he made from the contract of such sum as will 
suffice to complete the contract. — Thornton v. Place, 1 M. & 
Rob. 218. 



Btdldings, 14 METROPOI.rrAN BUILDINGS ACT. 

newtutdold. 

be lawful for the Lessee or Tenant and lie is hereby 
entitled to require the Official Ref<N«es to asoertaia 
what LosSj present and prospective, has been occa- 
sioned by the Observance of the Provisions of this 
Act; AND having regard to the respective Terms and 
Interests of the Lessee or Tenant, the Lessor and 
other Owners of such Building, and having regard to 
any Profit, Benefit, or Advantage, which may have 
accrued to such Lessee or Tenant since the Execution 
of such Lease or Agreement, and which may appear 
to the said Official Referees not to have beoi in the 
Contemplation of the Parties to such Lease or Agree- 
ment at the Time of such Execution thereof as {fore- 
said, to determine whether he is entitled to any and 
what Compensation, whether by Payment of Mcmey, 
or Reduction of Rent, or both, or otherwise ; 
Proceeding* AND THAT, on the Receipt of such Requisition, 
*****"* and on Proof of due Notice thereof having been given 
to the Lessor and other Owners of such Bmlding, it 
shall be the Duty of such Official Referees, and they 
are hereby required, to proceed to ascertain if any 
and what Loss has been so occasioned ; and> having 
regard as aforesaid to such Terms and Interest as 
aforesaid, and to such Profit, Benefit, or Advantage as 
aforesaid, to determine if any and what Compensa- 
tion as aforesaid is to be paid in respect thereof, and 
by whom the same is to be paid, and in what Propor- 
tions; AND their Decision in the Matter shall be final. 

commia. XI. AND FOR THE PURPOSE of preventii^ 
WOTfaMd *^® express Provisions of this Act from hindering 
BuUdings the Adoption of Improvements, and of providing for 
tTSSdSy the Adoption of Expedients either better or equally 
Mes gene- ^gU adapted to accomphsh the Purposes thereof, 
^ BE IT ENACTED, with regard to every Building 

of whatever Class, so far as relates to the Modifica- 
tion of any Rules hereby prescribed. 
Report of THAT if in the Opinion of the Official Referees 
aSms. *^® Rules by this Act imposed shall be inapplicable, 
or will defeat the Objects of this Act, and that by 



METROPOLITAN BTJILDtNGS ACT. 15 ^««<«^. 

the Adoption of any Modification of such Rules such 
Objects will be attamed either better or as effectually, 
it shall be the Duty of such Official Referees to re- 
port their Opinion thereon, stating the Grounds of 
such their Opinion, to the Commissioners of Works 
and Buildings ; 

AND THAT if on the Investigation thereof it ^^^ 
shall appear to the said Commissioners that such tion. 
Opinion is well founded, then it shall be lawful for 
the said Commissioners or any Two of them to direct 
that such Modification may be made in such Rules 
as will in their Opinion give effect to the Purposes of 
this Act; 

AND THAT although such Official Referees shall Rcpresen- 
be of Opinion that such Modifications ore not requisite p^^^^ 
or admissible, yet if any Party interested present to 
the Official Referees a Representation, setting forth 
the Grounds whereon such Modification is claimed, 
it shall be the Duty of the Official Referees and they 
are hereby required to report such Representation, as 
well as their Opinion thereon, to the said Commis- 
sioners, with the Grounds of such their Report and 
Opinion ; 

AND THAT thereupon, (f the said Commissioners Order 
think fit, it shall be lawful for them or any Two of *^"*^P''''- 
them to direct the Official Referees to make such 
Order in the Matter as may appear to them to be 
requisite. 

XII. AND BE IT ENACTED, loith regard ^o Power to 
Buildings already built, so far as relates to the Re- ^£o?~' 
building thereof in conformity with this Act, in respect this Act as 
of the required Area, or in any other respect than the Bi^diip^to 
required Height and Thickness of Walls, ^ «buUt. 

THAT if 6. full Compliance with the Provisions of 
this Act be attended by great Loss and Inconvenience, 
then^ subject to the Report of the Official Referees, 
and to the Consent of the Commissioners of Works 
and Buildings, and to such Terms as the said Com- 
missioners may impose in that Behalf, it shall be 



^w^old ^^ METROPOLITAN BUILDINGS ACT* 

lawful for the Parties concerned to rebuild such 
Buildings on the Site of the old Buildings as near as 
may be practicable, hut so that nevertheless both the 
Party- Walls and the external Walls be of the required 
Height and Thickness. 

Builder,. XIII. AND BE IT ENACTED, with regard to 
Works to be the Works to be executed in pursuance of this Act, 
executed, ^q yjj|. ^ relates to the Supervision thereof by the 

Surveyors, 
Notice to THAT Two Days before the following Acts or 

Surveyor.. ^^^^^^ . that is tO Say,— 

Before any Building shall be begun to be built; 

and also 
Before any Addition or Alteration, which by this 
Act is placed under the Supervision of the Sur- 
veyor, shall be made to any Building ; and also 
Before any Party-Wall, external Wall, Chimney- 
Stack, or Flues shall be begun to be built, pulled 
down, rebuilt, cut into, or altered ; and also 
Before any Opening shall be made in any Party- 
Wall ; and also 
Before any other Matter or Thing shall be done 
which by this Act is placed under the Super- 
vision of the Surveyor, except as herein-after is 
provided ; 
It shall be the Duty of the Builder (by which Term 
is to be understood, both in this Provision and else- 
where throughout this Act, the Master Builder or 
other Person employed to execute any Work, or if 
there be no Master Builder or other Person so em- 
ployed, then the Owner of the Building or other 
Person for whom or by whose Order such Work is 
to be done), and he is hereby required, to give to the 
Surveyor, at his Office, Notice in the Terms specified 
in the Form (No. 1.) contained in the Schedule of 
Notices annexed to this Act, or to the hke Effect ; 
fo?N^Si?rt AND THAT if any Builder neglect to give such 
Sce*&c^^ Notice, or begin to build, or do any of the Things 



mTROPOLITAK B17ILDIKG8 ACT. 17 ^^^^' 

^foresaid, before such Notice, or before tbe Expin^ 
tion of such Period of Two Days, then, in every such 
Case, the Party offending shall, for every such De- 
fault, forfeit and pay to such Surveyor treble the 
Amount of the Fees which such Surveyor would have 
been entitled to receive for his Trouble in inspecting 
the same, and shall also forfeit for every such De&ult 
a Sum not exceeding Twenty Pounds ; 

AND THAT */ for any Period exceeding Tliree 
Months any Builder having duly begun any Building, 
requiring Compliance with the Provisions of this 
Act, suspend the Progress of such Building, and 
again go on with the same, or (^during the Progress 
thereof the Builder be changed, then. Two Days be- 
fore such Builder shall enter upon the Performance 
of the Work, it shall be the Duty of such Builder to 
give Notice to the Surveyor, and such Notices must 
be in the Tenns specified in the Forms (Nos. 2. and 
3.) contained in the Schedule of Notices annexed to 
this Act, or to the Uke Effect, and must be given to 
the Surveyor, or left at the Surveyor's Office, in like 
Manner as is required upon beginning any new 
Building, 

AND THAT (f any Builder make default or ne- 4^20 Penalty: 
gleet to give or leave such Notice, he shall forfeit for f«»»^Notice.. 
every such Offence a Sum not exceeding Twenty 
Pounds; 

AND THAT (f any such Building, Chimney, or penalty for 
Wall be begun to be buSt, pulled down, rebuilt, cut ^g^JJ"* 
into, or altered as aforesaid, or be proceeded with Notice; 
after any Suspension of the Progress thereof before ^SS^ 
such Notice has been given ; or if such Surveyor or Surveyor. 
the Official Referees be refused Admittance to inspect 
the same J^remises, then such Buildii^ or Work shall s. is. 
be liable to be abated as a Nuisance under the Provi- 
sions herein contained. 

PROVIDED always, THAT t/^jjy reason of any Emergency. 
Emergency, any Act, Matter, or Thing, placed under 
the Supervision of the Surveyor, be required to be 
done immediately or before Notice can be given to 



BwUen. JQ METROPOLITAN BUILDINGS ACT. 

the Surveyor, then it shall be lawful for the Builder 
or any Person to do such Act, Matter, or Thing, so 
requisite, but upon this Condition, that within Forty- 
eight Hours afler beginning to execute such Work, 
Notice thereof be given to the Surveyor. 

f "^' XIV. AND BE IT ENACTED, with regard to 
— such Buildings and Works, eo far €ls relates to the 
Supervision thereof, 

^"vTlS*" THAT if in building, pulling down, rebuilding, 
cutting into or altering any Part of any Building, or 
Party-Wall or external Wall, or Chimney- Stack or 
Flue, Drains, Cesspools, or any Work or other Thing 
be done contrary to or not conformably with the 
Rules and Directions of this Act, then forthwith it 

Notice of ir- shall be the Duty of the Surveyor and he is hereby 

"*fl!li!dcn required to give Forty-eight Hours' Notice, according 

and others, to the Form (No. 4.) in the Schedule of Notices, or 
to the like Effect, to the Builder, Foreman, or prin- 
cipal Workman on the Premises, to amend any such 
Irregularity which he shall deem to have been com- 
mitted, AND forthwith, after the Expiration of such 
Notice, to proceed to inspect the Work ; 

worki.'*''* AND THAT t/the Work be so far advanced that 
he cannot ascertain whether the Irregularity has been 
committed or not, or exists or not, then it shall be 
lawful for him and he is hereby empowered to order 
any Work to be cut into, laid opoi, or pulled down, 
wnich shall in his Opinion prevent his ascertaining 
whether any such Irregularity exists or not ; 

Anjjndment AND THAT if withiu Forty-eight Hours the 
Builder to whom any such Notice shall have been 
given refuse or fail to amend any irregular Work, or 
if any such Builder, when ordered by the Surveyor, 
refuse to cut into, lay open, or pull down any Work 
which shall in his Opinion prevent his ascertaining 
whether such inregular Work exists or not, then, as 
soon as conveniently shall be, it shall be the Duty of 
the Surveyor to give Information thereof to the 
Official Referees; 



METROPOLITAN BUILDINGS ACT. 19 *??*!!?* 



AND THAT upon the Receipt of saeh Information Proceedmip 
it shaU be the Duty of sach Official Referees and gg;^^' 
they are herehy required to proceed to hear the Refatew. 
Matter, and if say Breach of the Rules, Regulations, 
and Directions of this Act he found to have heen 
committed, or if there appear good Reason to sup- 
pose any such Breach has been committed and is 
concealed, then it shall be lawful for the Official 
Referees and they are hereby authorized to direct by 
their Award that such Building, Party-Wall, external 
Wall, Chimney-Stack, Flue, or other Thing, or such 
Part thereof as they shall deem necessary, shall he 
amended, removed, cut into, laid open, or pulled 
down; 

AND THAT all the Costs, Charges, and Expenses cotti. 
of the said Work, and of the said Application to the 
Official Referees, shall be borne by such Party or 
Parties as the Official Referees shall determine. 

Xy. AND NOW, FOR THE PURPOSE ofs^^^^su-^ 
making Provision for the Supervision of Buildings of ES'SIte* 
the First Rate of the Second or Warehouse Class, g^^jgj,^ 
and of all Buildings of the Third or Public Building and of 
Class (except the Buildings herein-before excepted),* ThiJ^cSiiM^ 

BE IT ENACTED, with regard to every such •87. 
Building, so far as relates to the special Supervision 
thereof, 

THAT when all the Walls of any such Building Notice to 
shall have been built to their full Height, and all the Sefcreet. 
Timbers of the Floors, Roofs, and Partitions shall 
have been fixed, it shall be the Duty of the Architect 
or Builder and he is hereby required to give Notice 
thereof to the Official Referees, according to the 
Form (Now 6.) in the Schedule of Notices, or to the 
like Effect ; and if the Official Referees be of opinion Survey. 
that such Building is subject to the special Super- 
vision herein provided, then, within Seven Days after 
such Notice, it shall be their Duty to survey the said 
Building; 

AND THAT if they approve of the same, then, Approrti. 



^^Jg* 20 MBtROFOLlTAN BUILDtMCfl ACTi 

wi^n Seyen Days after such Survey, to certify siidi 
Approval, ilnder their Hands, to the Architect or 
Builder ; 

iHjag^ OE THAT if any Part a( the Walls, Timhers, 

^^ ' Boof, or internal Supports i^pear to such Official 
Eeferees defective, insufficient, or insecure, then, 
within the said Seven Days after such Survey, they 
are hereby required to give to sUch Ardiitect or 
Builder Notice of such Parts as shall so appear to 
them defective, insufficient, or insecure, whidi Notice 
must be in Writing ; 

orSStST* ^^^ THAT, upon the Receipt of such Notice, it 
ahaU he the Duty of the said Ardiitect or Builder 
and he is hereby required to amend and streiig;theQ 
such defective, insufficient, or insecure Parts ; 

Inspection AND THAT, during or within a Period of Seven 

Amend- ©ays after Notice has l^en giyen to the Official Beie- 

ment. rees that such Works have been amended or strength- 
ened as aforesaid, it shall he the Duty of the Official 
Referees and they are hereby required to inspect the 
same, or in default thereof the said Parts may be 
covered up ; 

Notice^ ^^^ AND THAT, upon Completion of eveiy sudi 

°*^ ®°* Building, it shall he the Duty of the Architect or 

Builder to give fresh Notice to the Official Referees, 

according to the Form (No. 7.) va, the Schedule of 

Notices, or to the like Effect ; 

NewSurvey. AND THAT, thereupon, or within Seven Days 
after such Notice, it shaU he the Duty of the Officud 
Referees to survey the same ; 

Certificate. AND THAT if Upon such Survey it shall appew 
that such Building luus been built sufficiently strong, 
and is sufficiently set to be safe, then within Fourte^i 
Days after such Survey it shall he their Duty and 
they are hereby required to certify accordingly, which 
Certificate must be under their Hands and the Seal 
of Office of Registrar of Metropc^tan Buildings 5 

Prohibition AND THAT, until such Certificate shaU have 
been made, or imtil Fourteen Days after such Sum^ 
shall have elapsed without the Official Referees liaving 



of Use. 



1IETROPOI.ITAN BUILDINGS ACT. 21 ^JJ^^J! 

given Notiee in Writing that they are not satisfied* ^"^ 
a shall not be lamfUl to use sucn Building for anj 
Purpose whatever without the express Authority in 
Writing of the Official Referees, under their Hands 
and the Seal of Office of the Eegistrar of Metropolitan 
Buildings; 

AND THAT t/hefore the Certificate of Satisfiictiou Penalty. 
shall have been nuide, or if such further Fourteen 
Days ss aforesaid shall have elapsed without due 
Notice being given in Writing as aforesaid, any such 
Building subject to special Siqiervision shall be used 
for any Purpose without such express Authority in 
Wilting, then, go. Conviction thereof before Two 
Justices of the Peace,* the Occupier of such Build- * s. s. 
ing, or other the Person by whom such Building shall 
be so used, shall forfeit u>r such Offence a Sum not 
exceeding Two Hundred Pounds for every Day during 
which such Building shall be so used without having 
obtained such Certificate of Satisfaction, or such 
express Authority as aforesaid ; 

AND THAT, in determining the Amount of any Jiutieet to 
such Penalty, it shall he the Duty of the Justices ^|^^^.' 
and they are hereby directed to have regard to the 
Size and Character of the Building, and to the Nature 
and Extent of Danger involved in the Use of such 
Building, and to tiie Amount of Profit which might 
be derived from such Use thereof. 

XVI. AND BE IT ENACTED, with regard to ^i^^^su^ 
the Buildings comprised in Schedule (B.) Part I. to SSn^^in 
this Act annexed, so far as relates to the Supervision ^^*pjjj j, 
thereof, 

THAT before the Builder begin to build the same 
it shall be the Duty of the Architect or the Builder 
and he is hereby required to give Notice thereof to 
the Official Referees, and also, at the same Time, to 
transmit for their Inspection the Plans, Elevations, 
|ind other Dravnngs which have been made for the 

same ; Sumy by 

AND THAT forthwith thereupon iJt shall he the gg^S.. 



22 



MBTROPOLITAH BUILDINGS ACT. 



Occasioiial 
Inspeetion. 



Notice of 



Amendment 
of Defeeu. 



offiT**^ 



Notice of 
Completion. 



New Survey, 



Certificate. 



- Mbidon 



Duty of the Officui Referees and they are herel^ 
required to proceed to surrey the Situation of the 
intended Bmlding with a Tiew to ascertain whether 
such Building can he erected on such Situadon with 
due Regard to the Security of the Public ; 

AND THAT from Time to Tune, during the 
Pn^ress of such Bmlding, it shall be the Duty of 
such Official Referees and they are hereby directed to 
inspect the same with a yiew to ascertain the Snffi- 
dency thereof; 

AND THAT t/such Buildn^ w any Part thereof 
iqppear to such Official Referees defedxTe, insufficient, 
or insecure, then they are herein^ required to give to 
such Architect or Builder Notice (£ such Parts as 
shall so appear to them defectiye, insufficient, or inse- 
cure, which Notice must be in Writing ; 

AND THAT upon the Receipt of such Notice it 
shall be the Duty of the said Architect or Builder and 
he is hereby required to amend and strengthen such 
defective, insufficient, or insecure Parts ; 

AND THAT during or within a Period of Seven 
Days after Notice has been given to the Official Refe- 
rees that such Works have been amended or strength- 
ened as aforesaid, it shall be the Duty of the Ofl^eial 
Referees and they are hereby required to inspect the 
same, or in default thereof the said Parts may be 
covered up ; 

AND THAT upon Completion of every such 
Building it shall be the Duty of the Architect or 
Builder to give fresh Notice to the Official Referees ; 

AND THAT thereupon, or within Seven Days 
after such Notice, it shall be the Duty of the Official 
Referees to survey the same ; 

AND THAT if upon such Survey it shall appear 
that such Building has been built sufficiently strong, 
then it shall be their Duty to certify accordingly, 
which Certificate must be under their Hands and the 
Seal of Office of Registrar of Metropolitan Buildings ; 

AND THAT until such Certificate shall have been 
made, or until Fourteen Days after such Survey shall 



METROPOLITAN BUILDINGS ACT. 23 *««<«*«y» 

have elapsed without the Official Referees having 
given Notice in Writing that they are not satisfied, 
it shall not be lawful to use such Building for any 
Purpose whatever without the express Authority in 
Writing of the Official Referees under their Hands 
and the Seal of Office of the Registrar of Metropo- 
litan Buildings; 

AND THAT if before the Certificate of Satisfac- Penalty, 
tion shall have been made, or if such Fourteen Days 
as aforesaid shall have elapsed without due Notice in 
Writing being given as aforesaid, any such Building 
subject to special Supervision shall be used for any 
Purpose without such express Authority in Writing, 
then, on Conviction thereof before Two Justices of 
the Peace,* the Occupier of such Building, or other • s. 2. 
the Person by whom such Building shall be so used, 
shall forfeit for such Offence a Sum not exceeding 
One Hundred Pounds for every Day during which 
such Building shall be so used without having 
obtained such Certificate of Satisfaction, or such 
express Authority as aforesaid ; 

AND THAT, in determining the Amount of any Justiow to 
such Penalty, it shall be the Duty of the Justices circum- 
and they are hereby directed to have regard to the •t»nccB. 
Nature and Extent of Danger involved in the Use of 
such Building, and to the Amount of Profit which 
inight be derived from such Use thereof. 

XVII. AND BE IT ENACTED, with regard to Ei^on 
Buildings and Works, so far as relates to the Entry "*"' 
thereon for the Supervision thereof, 

THAT at all Times during the Progress of any 
Operations in respect thereof within the Meaning of 
this Act, it shall be lawjul for the Surveyor and for 
the Official Referees and they are hereby respectively 
authorized to enter upon the Premises upon which 
such Operations have been commenced ; 

AND THAT if at any Time whilst any Building ^J^^l 
is in course of Construction, Demolition, Alteration, spectionr 
or Re-construction, any Person refuse to admit the 



^^^^^ 24 MBTKOVOUTAN BVUUBUMSS ACT. 

Surveyor at tbe Offickl Bflfc fw s sathonicd under 
tlus Act» danng tlM caslomMry workiiig Hoiirs» to 
inspect such Bmldiii^ or any Peiaoii refuse ar neglect 
to afford such Surveyor or OffieidL Referee dray 
Asnstanoe vrhkh may be wawonah^ requmd in and 
about such luqpection, tken m ewerj sudi Case oa 
Conviction thereof the Party offendmg tkaU forieit 
for every such OSkoce a Sum boI exceeding Tmaxtf 
Founds; 
E^tt^ AND THAT ff at any 'nne during such cnstomaiy 

working Hours die Surveyor or the Official Referees 
be refined Admittance to make In^iectioa of any 
Work, then for that Purpose it shall be Imnfid for 
such Surveyor or for such Official Referees^ and l^ey 
are hereby empowered, accompanied by a Peace 
Officer, to enter upon the Ground, Building, and 
Prenuses where the same shall be. 

AU Bmidj^ XVIII. AND for the Purpose of more effectually 
cording to enft)rcing the Observance of the Provisions of this 

this Act de- A/,f 

clareda ^^' 

BE IT ENACTED, toith regard to any Buildings, 
Drains, Timber Buildings, Chimneys and Flues, 
Party-Walls, Party-Fence-Walk, external Walls and 
Projections, and every other Pajt of every Building 
of every Class, or Bate of any Class, whidb shall be 
hereafter built, rebuilt, enlarged, or altered, vdthin 
the Limits of this Act, contrary to the Provisions 
hereof, so far a» relates to the Removal thereof, 

THAT if the same be not built, rebuilt, enlarged, 
or altered in the Manner and of the Materials, and in 
every other respect according to and in conformity 
with the seversd Rules and Directions which are in 
this Act particularly specified ; and if any Person 
build or begin to build, or cause the biuldinff or 
beginning to build, or alter or cause to be altered, or 
use or cause to be used, any Part of any Ground or 
Building, Projection, Drain, or other Tmng contrary 
thereunto; and ifj in either of such Cases^. it QA 



M£TROPOLlTAN BUILDINGS ACT. 25 ^JjJ^ff 

appear by the Certificate of the Official Referees,* — 
then the said Building, Prmection, Drain, or other 
Thing, or such Part thereof so irregularly built or 
began to be built, or so ivregulariy altered or begun 
to be altered or so used, shall be denned a Nuisance ; 

AND THAT thereupon it shall be the Duty of the summbn. 
Surveyor and he is hereby directed to summon the justices. 
Builder before any Two Justices of the Peace ; * • s. a. 

AND THAT if at the Time and Place appointed compulsory 
on aach Summons such Builder fail to f^pear, then it ^pp**"*"**- 
shall be lawful for the said Justices and they are 
hereby authorized to issue a Warrant under their 
Hands and Seals to compel snch Builder to appear 
before such Justices or any other Two Justices ; 

AND THAT thereupon it shaU be the Duty of »^^ 
such Bmlder and he is hereby required to enter into ^^own 
a Recognizance, in such Sum a& the said Justices shall "^ wn«nd' 
appoint, for abating and taking down the same within 
such convenient Time as the said Justices shall 
respectively appoint, or otherwise for amending the 
same according to such Rules and Directions as are 
herein contained, and also for paying the Costs, 
Charges, and Expenses incurred by the Surveyor in 
laying the Information and obtaining the Conviction, 
including such Compensation for the Surveyor's Loss 
of Time as the said Justices shall think fit ; 

AND THAT «/the Party so required fail to enter Jj^j^**" 
into such Recognizance, then it shall be lawful for 

<" S. 14 speaks of the award of the Official Referees. Look- 
ing at 8. 13, 14, and 18, the effect seems to be this; if the pro- 
visions of 8. 13 be violated by the building being erected 
without notice to the Surveyor, &c., the Official Referees may 
certify, and the building be abated under this section. No 
provision is made as to any formal proceedings to be taken 
previous to such certiicato, such as summoning the party, sur- 
veying the building, and none in reason appear to be necessary. 
Where the provisions of a. 13 are complied with, but those of 
9. 14 are violated by the builder not amending an irregularity 
after notice from the Surveyor, there must be an award of the 
Official Referees under s. 14, and, when that is disobeyed, a 
certificate from them under the present section. 



JjjfJ^* 26 METROPOLITAN BUILDINGS ACT. 

either of such Justices or any Justice, and they are 
hereby required, to commit such Builder to the 
Common Gaol of the City, County, or liberty where 
the Offence shall be committed, there to remain with- 
out Bail or Mainpnze until he shall have entered into 
such Recognizance as aforesaid, or until such ir- 
regular Building shall have been abated or demolished 
or otherwise amended, or such Nuisance shall be 
abated or demolished by Order of such Justices re- 
spectively (which Order the said Justices are hereby 
empowered to make), and until the Costs, Charges, 
and Expenses thereof, and of all Operations and Pro- 
ceedings in relation thereto, shall have been paid ; ^ 
BSiTn'*'^ AND FURTHER, THAT t/Apphcation be made 
dedaraP to any Two or more Justices, then thereupon it 
Nuuancet. g^i ^^ ^^j, j)^f^ g^^ they are hereby empowered 
to order the Surveyor or any other Person to abate 
or demotish such Nuisance, and to order the Persons 
authorized by them so to abate or demohsh the same 
to sell and dispose of the Materials thereof, and out 
of the Moneys arising by such Sale to pay to them- 
selves, and all Persons by them employed for such 
Purpose, the reasonable Charges for abating or de- 
molishing such Nuisance, and also such Costs and 
Expenses as aforesaid, and to pay the surplus Moneys 
arising by such Sale (if any) to such Owner of the 

' There can be little doubt that a builder who erects a 
building contrary to the provisions of this Act of Parliament 
will not be entitled to recover from his employer the price of 
his labour. It is a general and well recognized rule of law, 
that a contract to do any thing contrary to the provisions ex- 
pressed or implied, (or, in other words, the policy) of the law, 
cannot be enforced : per Parke B. Cope v, Rowlands, 2 M. & 
W. 157 ; vide also Forster t>. Taylor, 5 B. & Ad. 887 ; Little v. 
Poole, 9 B. & C. 192 ; and Law v. Hodson, 11 East, 300 ; where 
the price of goods sold in a manner prohibited by statute was 
held not recoverable. In Forster v. Taylor, butter was sold in 
firkins not marked with the maker's and seller's name; in 
Little V, Poole, coals were delivered without a vendor's ticket ; 
and in Law v. Hodson, bricks were sold under the statuteable 
size. 



METROPOLITAN BUILDINGS ACT, 27 SJS^* 

Building as the Officiid Referees shall detennine to 
be entitled thereto ; 

AND THAT if the Moneys arising by such Sale Expewe.. 
be not sufficient to pay such Charges, then it shall 
be the Duty of the Person entitled to the immediate 
Possession of such Building, or the Occupier, to 
make good the Deficiency, subject to Reimbursement 
as hereinafter provided; and if he fail, then he 
shall be liable to the same Remedies for the Recovery 
thereof as are by this Act provided concerning the 
£xpense of taking down ruinous Buildings, and 
putting up Hoards for the Safety of Passengers.^ 

XIX. AND BE IT ENACTED, with regard to f^sm- 
any Building or Work, 90 far as relates to the Non- penalty on 
observance of the Provisions of this Act in that ^^^Sg" 
Behalf by Workmen and others, 

THAT if any Workman, Labourer, Servant, or 
other Person employed in any Building, or in the 
Alteration, fitting up, or Decoration of any Building, 
wilfully, and without the Direction, Privity, or Con- 
sent of the Person causing such Work to be done, 

• Although it he not expressly provided, yet upon general 
prindples the owner or occupier ought to be summoned before 
the Justices previous to an order being made to abate under 
this section. Rex v, Benn, 6 D. & £. 198 ; Harper v. Carr, 
7 D. & E. 275 ; Rex v. Hughes, 3 A. & E. 425 ; and Painter 
V. Liverpool Oil Gas Company, 3 A. & E. 433; are cases where 
it was held necessary that the party to be charged should be 
summoned previous to a warrant of' execution being issued 
against him under Acts of Parliament, although no summons 
was required by the Acts. It will be, perhaps, sufficient to 
summon the occupier, as he at Common Law is liable to be 
indicted for a nuisance, where a house is so dilapidated as to 
be dangerous (Regina v. Watts, 1 Salk. 357 ; Cheetham v. 
Hampson, 4 D. & E. 318 ; Russell v. Shenton, 3. Q. B. 449); 
unless, indeed, any particular owner is to be fixed with the ex- 
penses of the abatement, in which case he must be summoned. 

This application to Justices to abate it would seem may be 
made either with or without summoning the builder; and 
whether he has or has not entered into a recognizance to abate. 
There must be a certificate of the Official Referees. 



^J^ff 28 METROPOLITAN BUILDINGS ACT. 

do anv thing in or about such Building contrary to 
the Rules and Directions of this Act, then upon 
Conviction thereof before any two Justices of the 

• 8. 9. Peace,* upon the Oath of One or more credible Wit- 
ness or Witnesses (which Oath the said Justices are 
hereby empowered and required to admmister), every 
such Ofi^der shall be liable to forfeit for every audi 
Offence a Sum not exceeding Fifty Shillings ; 

impri«m- ^ND THAT if upon or immediately after auch 
Conviction any such Forfeiture be not paid^ then 
it shall be the Duty of any Two Justices of the Peace 
to whom Application shall be made to commit the Of- 
fenders, by Warrant under the Hand and Seal of such 
Justices, to the Common Gaol for any Term not ex- 
eeeding One Month, at the Discretion of such Justices. 

^^. XX, AND FORASMUCH as from Time to Time 

•— Occasion hath arisen and will hereafter arise to 

weSL'. execute the following Works in relation to adjoining 

FeMoi. Biii^dings and Premises parted by the same Party- 

jntermijt'ed Wall or Party-Fence-Wall, but belonging to different 

BuiUingt. Owners or occupied by different Persons, or to 

Exjcution Buildings intermixed belonging to different Ovmers 

® *" • or occupied by different Persons ; namely. 

The Reparation of the Party -Walls by which such 

Premises shall be parted : 
The pulling down and rebuilding of such Party- 
Walls: 
The raising of such Party-Walls : 
The Reparation of Party-Fence-Walls : 
The Rebuilding of such Party-Fence-Walls : 
The raising of such Party-Fence -Walls : 
The puUmg down of Timber Partitions which part 
Buildings the Property of different Owners or 
occupied bv different Persons, and building in 
lieu thereof proper Party-Walls : 
The pulling down of Buildings built over public 
Ways, or having Booms or Stories the Property 



METROPOLITAN BVII.DINGS ACT. 29 jj^g^^^. 

ef different Persons^ or occupied by different 
Persons^ fyio^ intermixed, for the Purpose of 
building proper Party-WaJls or Party-Arches : 

And generally the Performance of other necessary 
Worics incident to the Connexion of such Party- 
Walls or Party-Fence-Walls with the Premises ad- 
joining; IT IS EXPEDIENT to make Provision, 
as well for facilitating the Execution of such Works 
by any such Owner desirous to execute the same 
(who is herein denominated the '* Building-Owner "), 
as for protecting the Interests of the Owner of the 
adjoining Premises (who is herein denominated the 
** adjmning-Owner '*) ; 

NOW for that Purpose BE IT ENACTED, with 
regard to all Premises parted by a Party-Wall or 
Ptoty-Fence-Wall, or parted by Timber Partitions, 
and mth regard to all intermixed Properties not so 
parted, so far as relates to the Execution of any such 
Works by any Owner of any such Premises, 

THAT if the adjoining-Owner shall have con- 
sented thereto, or if, without such Consent, the 
required Notice of such Work shall have been given 
by or on the Part of the Building-Owner to such 
adjoining-Owner, then, subject to such Modification 
as shall be made by virtue of the Provision in that 
Behalf, and subject to the Provision for supplying 
the Want of Consent of the Owners, and subject 
moreover to the respective Conditions hereby pre- 
scribed with regard to such Works respectively, as 
well as to the Payment of the Costs of such Works, 
and to the Sanction or to the Award of the Surveyors 
or of the Official Referees, as hereby prescribed in 
reference thereto, it shall be lawful for every such 
Building-Owner and he is hereby authorized or re- 
quired to execute such Works .-^ 

/ In reading these sections attention should be had to the 
definition of the term owner in the interpretation clause, s. 2, 
and to tlw danses relating to the expenses of building and no- 
tices, 8. 46, 1 11 and 112. The term building*owner, wherever it 



Pa^P' 30 METROPOLITAN BUILDINGS ACT. 

Walls, ^c. 

con^of XXI. AND BE IT ENACTED, with regard to 
JdjokSg.*** s^^ Works, 30 far as relates to the Notice thereof. 
Owner. THAT, unless the adjoining-Owner consent thereto, 

it ahall not be lawfid for the Building-Owner to ex- 
ecute such Works until he have given Notice thereof 
to such adjoining-Owner ; and every such Notice with 
regard to the puUing down, rehuilding, or repairing 
of Party-Walls or Party-Fence-Walls must he given 
Three Months at the least hefore the Work is to he 
commenced ; and every such Notice with regard to 
the pulling down and rehuilding intermixed Walls 
• Calendar, and Timber Partitions, must be given Three Months * 
at the least before such Work is to be commenced ; 
AND every such Notice nmst be in the Form or to 
the Effect of the Notice (No. 8.) for that Purpose 
contained in the Schedule of Notices hereunto an- 
nexed. 

Modifi«- XXII. AND BE IT ENACTED, with regard to 

tionoi worK _ ___ •% /, » i -^r t*^ 

to suit ad- every such Work, so far as relates to the Modinca- 
owaef. *io^ thereof, in order to render it suitable to the 
Premises of the adjoining-Owner or his Tenant, 

THAT if the adjoining-Owner, at any Time within 
Two Months after the Keceipt of the said Notice 
from the Buildbg-Owner, give Notice of his Desire 
that any Modification be made in the Work, so as to 
render it suitable to his Premises, according to the 

occurs, can only have one meaning, viz., the party building, or 
about to build, whatever his estate in the land. The term 
adjoining-owner, so far as relates to the services of notices and 
acts to be done by the building-owner, where the a4Joimng. 
owner is passive, means the occupier, if he is more than tenant 
from year to year, or at will, or if the occupier be merely tenant 
from year to year, or at will, his immediate landlord. The 
effect of 8. 112 is that the building-owner, where active, has 
only to do with such last owner of the adjoining land. Service 
by the building-owner or such adjoining-owner, is constractively 
service on all who come within the definition of s. 2 ; and 
therefore, where the adjoining-ovmer is empowered to do any 
act, it may be done by any person who is included in that 
definition. 



METROPOLITAN BUILDINGS ACT. 31 J**^' 

Fonn (No. 18.) in the Schedule of Notices, or to 
the like Effect, then within Seven Days afler the 
Beceipt of such Notice it shall be the Duty of the 
Building-Owner and he is herehy required to signify 
his Consent to or Dissent from such Modification or 
Delay ; 

AND THAT if the Building-Owner dissent from, Modiflca- 
or do not within such Seven Days signify his Consent SSom.^^*" 
to such Modification, then it shall be lawjul for the 
adjoining-Owner and he is herehy entitled to require 
the Building-Owner not to commence the Work until 
the Official Referees shall have determined thereon ; 

AND THAT i^ within Seven Days thereafter Ap- Application 
plication be made in Writing to the Official Referees, S^? 
according to the Form (No. 19.) in the Schedule of 
Notices, or to the Hke Effect, and Notice thereof be 
given to the Building-Owner, according to the other 
Form (No. 20.), then within Ten Days after such 
Application it shall be the Duty of the Official Re- 
ferees to signify thfeir Decision thereon, and it shall 
be the Duty of the Building-Owner not to commence 
the Work till the Decision of such Official Referees 
shall have been given ; 

AND THAT i/ within the Period of Three Months* Authority to 
from the Date of the First Notice such adjoining- ^"^^' ^^ 
Owner do not make any Objection or any Requisition s. 2. 
in conformity with this Enactment, then, subject to 
the Provisions of this Act with regard to such Works, 
it shall be lawful for the Building-Owner and he is 
hereby authorized to proceed to execute the same. 

XXIII. AND BE IT ENACTED, with regard to Delay of 
every such Work, so far as relates to the Modification ^t'J^^o'in. 
thereof, in order to render it suitable to the Premises, ing. owner, 
or to the Convenience of the adjoining-Owner or his 
Tenant, 

THAT if the adjoining-Owner, at any Time within 
Three Months* after the Receipt of the said Notice • Calendar, 
from the Bmlding-Owner, give Notice of his Desire ®- ^• 
that the Work be delayed, so as to cause it to be 



^ PM9^ 32 



MSTROFOLtTAN BIJILDIKeS ACT. 



Delay of 
Operations. 



Application 
to Official 



executed at a more seasonable or a more conTenfent 
Time in reference to the Business or to the Family 
or domestic Arrangements of such adjoining-Owner 
or his Tenants, accordii^ to the Form (No. 18.) in 
the Schedule of Notices, or to the like Effect^ then 
within Seven Days after the Receipt of the Notice 
thereof it shall he the Duty of the Building-Owner 
and he is hereby required to signify his Consent to 
or Dissent from such Modification or Delay ; 

AND THAT tfth» Building-Owner do not within 
such Seren Days signify his Consent to such Modi- 
fication or Delay, then it shall he lawful for the 
adjoining-Owner and he is hereby entitled to require 
the Buflding-Owner to delay the Work until the 
Official Referees shall have determined thereon ; 

AND THAT if within Seven Days thereafter Ap- 
plication be made in Writing to the Official Referees^ 
according to the Form (No. 19.) in the Schedule of 
Notices, or to the Hke Efi\gct, and Notice thereof be 
given to the Building-Owner, accordii^ to the other 
Form (No. 20.), then within Ten Days after such 
Application it shaU he the Duty of the Official 
Referees to signify their Dedsion thereon, and it 
shall be the Duty of the Building-Owner to delay the 
same till the Decision of such Official Referees shall 
have been given ; 
A^bority to AND THAT if within the Period of Three Months 
from the Date of the First Notice such adjoining- 
Owner do not make any Objection or any Requisition 
in conformity with this Enactment, then, subject to 
the Provisions of this Act with regard to such Works, 
it shall he lawful for the Building-Owner and he is 
hereby authorized to proceed to execute the same.^ 

s An effect of this section is that the huilding-owner cannot, 
without the express consent of the adjoining-owner, or, where 
there are several, of all of them, make an absolute arrangement 
for commencing to build a party-wall immediately on the expi- 
ration of three months, since any adjoining-owner may require 
delay at any time within the three months, and by proceeding 
under this section may delay the work until the Official Referees 
have decided as to the time of commencement. 



ltXTROPOI.lTAN BVILMNGS AC3T* 3S J5f^I. 

XXIY . AND BE IT ENACTED, mtk rtffard io sup^ng 
any such. Works kereby autiiorized to be done m ^^[^nf of 
r^alion to Pariy-WaUs, Party-Arcbes, Party«FenGe« »d}oinmg. 
Walls, or otber sack Stmetuies belonging to tbe^^*"* 
Owners of adjoining Buildings or parting ac^oinin^ 
Premises, so far as relates to supplying &e Want o# 
Consent, of tbe adjoining-Owners, 

THAT if tbe adjoining Premises be unoccupied, 
or if tbe Owner tbereof cannot be found, or if tbe 
Owner altbongb found cannot, by reason of legal 
Disability* or otberwise, consent to tbe Work, or if 
the Owner will not consent tbereto, or if Differences 
arise amongst the Parties emieemed, tken tbe Notice 
requjied to be given in respect of suds Work must be 
aerred both on tbe Surveyor and on the Official 
Befereea,* in addition to such other Parties entitled to 
Notice under this Act upon whom sudi Notice can 
be servedj which must be according to the Form 
(No« 9.) in tbe Scbedute of Netices» or to tho Uke 
Effeot; 

AND THAT forthwith on the Eeeeipt of such Notice of 
Notice it shM he the Duty of the Surveyor and be i^^yor. 
is hereby required to give Notice to the Parties by 
whom such Work is to be executed, and to any One 
or more Surveyors or otber Agents by them ap- 
pointed, as to the Day and Hour when he will view 

* Vide s. 117. InfEmts without goardians, lunatics mthout 
conunittees. 

* Notices should be given to the Official Keferees and Sur- 
veyor under this section in every case where notice is given to 
the adjoining-owner under s. 21, and the building^own»> seeks to 
charge him with past of the expense of rebuilc&ig the party-wall, 
since the same notice (t. e. three or four months) is to be given 
to tbe Official Referees and the Surveyor as to the adjoining- 
owner ; and such notice is to be given in cases where he will 
not consent. Where he does consent, no notice is necessary 
even to him (s. 21). Where the building-owner proposes to 
puU down and rebuild the wall at his own expense, he need 
not give the notices required by this section, because in such 
case it is not essential that he should have the consent of the 
adjoining-owner (vide s. 2&). 






34 



METROPOLITAN BUILDINGS ACT. 



Notice to 
Partioi. 



Conflnnft- 
lion bf 
Ofllctia 

nMCfCeit 



the Premises, according to the Form (No. 10.) in the 
Schedule of Notices^ or to the Uke Effect ; and at 
such Time it shall be the Duty of the Surveyor of 
the District and he is herehy authorized to proceed 
to inspect such Premises accordingly, and to certify 
to the Official Referees, 

First, Whether such "Work ought to he done or 
not; and 

Secondly, If the same ought to he done, whether 
it ought to he done in the proposed Manner ; 
and 

Thirdly, The Site whereon the Party-Wall should 
be built ; and, with regard to intermixed Build- 
ings, what Party-Arches may be necessary over 
or under any Rooms of such Buildings so in- 
tended to be rebuilt ; and 

Fourthly, The Quantity of the Soil or Ground or 
other Parts of the Premises (if any) necessary 
to be laid to or taken from the House of the 
Person desirous to rebuild to the House of the 
Person permitting him to erect a Party-Wall or 
Party- Arch; and 

Fifthly, The Compensation (if any) which should 
be made and paid by either the Building-Owner 
or the adjoining-Owner to the other in lieu of 
the lessening either of the said Buildings by 
such Party-Wall or Party-Arch, or as a Satis- 
faction for such other Injury (if any) as shall be 
done or occasioned thereby to any of the said 
Parties ; 

AND THAT upon the Receipt of such Certificate 
it shall be the Duty of the Official Referees and 
they are hereby required to cause Notice thereof to 
be given to the Parties or to such of them as are 
known; 

AND THAT if within Seven Days after such 
Notice to the Parties the Certificate be not appealed 
against, and if the Official Referees be of opinion that 



METROPOLITAN BUILDINGS ACT. 35 „f^9: 

Walts, fye. 

the Work is proper to be done, and the Compensa- 
tion is fair, then it shall be lawful for tbe Official 
Referees to confirm such Certificate, and to authorize 
the Building-Owner to proceed with the Works as if 
the Consent of the adjoining-Owner had been ob- 
tained; 

AND THAT if any Party concerned shall appeal Proceedings 
against the Certificate of the Surveyor as to the Work J^rt*cer- 
to be done, or as to the Compensation, or as to any tifi<»te. 
other Matter referred to in such Certificate in pur- 
suance of the above Provisions, then it shall be the 
Duty of the Official Referees and they are hereby 
required to appoiht One of their Number to survey 
the Building in question ; 

AND THAT for that Purpose it shall be the Duty Notice by 
of the Official Referee so appointed and he is hereby Referee*. 
required to give Notice to the Parties, and to any 
One or more Surveyors or other Agents by them 
appointed, as to the Time when he will view the 
Premises ; 

AND THAT at such Time it shall be the Duty of Surrey. 
such Referee and he is hereby authorized to view 
such Premises accordingly, and to inquire into the 
Matters appealed against, and to certify to the 
Official Referees his Opinion thereon ; 

AND THAT upon such Certificate being made it Award. 
shall be lawful for the Official Referees to make 
their Award, thereby either confirming or reversing 
or modifying, as to them the Case may seem to 
require, the Certificate of the Surveyor, and appoint- 
ing by whom and in what Proportions the Expenses 
of the Surveys and of the Reports thereon are to be 
paid« and such Award shall be final and conclusive ; 

AND with regard to any Works by such Award Works 
authorized, so far as relates to the Proceedings of the *^^**^"***- 
Building-Owner, 

THAT if upon the making of the Award the 
Periods of the Notices by this Act prescribed with 
r^ard to Works of that Nature have elapsed, then 
immediately upon the making of the Award, but if 



^j^jpg^- 36 MiyrROPOLITAN BVILDINGA AO^ 

such Periods have not elapsed, then as soon alter die 
making of the Award as such Periods shall have 
elapsed, it shall be lawful for the Building-Owner, 
his Agents, Servants, and Workmen, to proceed to 
execute the Works. 

SS^^Jdfa. ^^^' ^^^ ^^ ^'^ ENACTED, with regard to 

Sgatj^nt* any Party-Wall, Party-Arch, or external Wall used 

Ezpenae. i^^^hoUy or in part as a Party-Fence-Wall, 90 far 09 

relates to the Reparation and Bebuilding the^rec^ at 

the joint Expense of the Owners of tlw Buildings 

parted thereby, 

THAT tf such Party Structure be so defeclave or 
so far out of repair as to render it necessary to puU 
down and rebuild the same, or any Part thereof, 
then on Notice being given by the Owner of one 
of the Buildings to the adjoining-Owner, according 
to the Form (No. 8.) in the Scheie oi Notices, or 
to the like Effect, it shall be lavfftU for the Buildine- 
Owner to reauire a Survey, Certificate, and Award, 
authorizing tne Execution of such Reparation or Re- 
building, according to the Provisions herein-before 
contained in that Behalf. 

Rcbjriiding XXVI. AND BE IT ENACTED, with regard to 
w«u«/' sound Party-Walls, so far as relates to the rebuilding 
thereof at the Expense of the Building-Owner, 

THAT if the Owner of one of the Buildings desire 
to rebuild such Party-Wall, theny on giving to the 
adjoining-Owner the required Notice of Three Months, 
according to the Form (No. 14.) in the Schedule of 
Notices, or to the like Effect, it shall be lawful for 
such Building-Owner and he is hereby entitled to 
pull down and rebuild such Party-Wiul; but upon 
condition that he do reinstate and make good all the 
internal Finishings and Decorations of the adjoining 
Premises, and pay all the Costs and Charges thereol, 
and also all the Eiroenses incidental to the Execution 
of the Work, inclucung therein the Fees and Expenses 
of the Survey, and die Fees of the Suryeyors, and 



METROPOLITAN BUILDINGS ACT. 3? P«^P' 

«ny Fees in respeet of any Sendees perforaiedby the 
Official fieferees> and also such reasonable Compen- 
sation as to die said Official Referees may seem 
proper for any Loss which the adjoining-Owner shall 
have incurred by reason of such Work.* 

XXVII. AND BE IT ENACTED, with regard ^t}midmg 
to JMiy Ptoty-Wall, so far a* [rdates to] the rebuild- w2l^' 
ing thereof, 

THAT tf the Owner of one of the Buildings parted BuUding of 
by such Party-Wall rebuild sudi Building of a higher wiSfiJSSit 
Bate, and do not pull down such Party-Wall and^^y- 
build a prober Wall in lieu thereof, then it shall be 
his Duty and he is hereby required to buiM up an 
external Wall against such Party-Wall* 

XXVIII. AND BE IT ENACTED, with regard Ty^^^M^ 
to an external Wall built against a Party-WaU, «oSSS>?X 
far as relates to the Operations incident thereto, ^^^ 
and to the making good any Damage occasioned against a 
thereby, Pwty-waU. 

THAT (/^ it be necessary to excavate or dig out 
the Ground against the Wall of any adjoining Build- 
ing for the Purpose of erecting a Wall thereon, or 
for any other Purpose^ then it shall be lawful for 
the Building-Owner and he is hereby entitled so to 
do, but upon condition that the said Building-Owner 
do at his own Costs shore up and underpin such 
Wall, or such Part thereof, to its fuU Thickness and 
to the full Depth of such Excavation, with good 
sound Stock Bricks and Tiles or Slates bedded in 
Cement, or with other proper and sufficient Mate- 
rials, such Underpinning to be done in a workmanlike 
and substantial Manner ; 

AND THAT if for the Purpose of erecting such c«t^ginto 
external Wall it be necessary to cut away Part of the ]Si chm- 
Foodngs of such Party-Wall on the Side next to the °*y"- 

* The proTisloiis of 8. 21, 22, and 23 apply to this case, not 
those of s.24« 



«f^^I 38 METROPOLITAN BUILDINGS ACT. 

Wall 80 to be built^ and any Part of the Chimney- 
Breasts and Chimney-Shails belonging to the Build- 
ing about to be rebuilt as shall project beyond the 
perpendicular Face of such Party-Wall in the lowest 
Floor thereof then, on giving Notice of such Inten- 
tion in Writing to the Owner of the adjoining Build- 
ing at least One Month before commencing Opera- 
tions, according to the Form (No. 15.) in the Sche- 
dule of Notices, or to the like Effect, and on the Ex- 
piration of such Notice, it shall be lawful for the 
Building-Owner and he is hereby authorized to cut 
away such Portions of the Footings, Breasts, and 
Chimney-Shafts aforesaid, but so that the same be 
done, and the Brick-work where cut be again made 
good in Cement, under the Superintendence and to 
the Satisfaction of the Surveyor.' 

' This section, empowering the huilding-owner to excaTate 
under certain conditions, does not, I apprehend, confer on the 
adjoining-owner any greater rights than he has at Common 
Law; nor does it impose on the building-owner any greater 
obligation than is imposed on him by the Common Law, when 
he only exercises his Common Law rights, and does not avail 
himself of the power given by this section. It may be useful, 
therefore, concisely to state the effect of the Common Law 
authorities as to the right to foundation and support between 
neighbours. 

It is clear that a party by building on the confines of his own 
land acquires no right to the support of his neighbour's land 
for the support of his house ; and therefore if the neighbour in 
excavating his land injures the foundation of the house, he can- 
not complain. (Wilde v, Minstrelet, 2 Rol. Abr. 565, Trespass ; 
Yin. Abr. Trespass, I. a. Wyatt v. Harrison, 3 B. and Ad. 874.) 
One man, indeed, cannot so excavate his land as to cause his 
neighbour's land in its natural state to fall away, and therefore, 
if the excavation be of such nature that the land would have 
fallen, though no house had been built upon it, the owner of 
the house would perhaps have a right of action. 

The owner of the house may, by grant from the adjoining 
proprietor, and it seems by prescription, that is, by his house 
having stood without disturbance for twenty years, acquire a 
right to the support of the neighbouring land, so as to maintain 
an action if, by excavation of such land, his house is injured. 
(StanseU v. Jollaid, S. N. P. 444, 8th edit. PigoU and Suries' 



MBTROPOUTAN BUILDINGS ACT. 39 jf^'^c. 

XXIX. PROVIDED always, AND BE IT Mdd^i^ 
ENACTED, with regard to such Party-Wall, 90 far SK^? 
OS relates to the making good of any such Damage, 

THAT t/ it be 80 damaged and injured by such 



case, cited in Palmer v. Fleshee, 1 Sid. 167. per Lord Tenter- 
den, in Wyatt v. Harrison, 3 B. and Ad. 875. per Littledale J. ; 
Dodd V, Holme, 1 A. and E. 503, 505 ; Trower v. Chadwick, 
3 Bing. N. G. 353.) This right to prescribe for a foundation 
has never been solemnly decided. 

If a party whose house has stood for twenty years on the 
confines of his land mine under his land within the twenty 
years, and then his neighbour by mining in his land causes the 
house to fall, which it would not have done but for the first mines, 
he has no right of action. He has no right by the alteration 
in his land to impose a greater restraint on his neighbour in 
working hia.— Partridge v. Scott, 3 M. and W. 220. 

It has never been decided that where houses have stood to- 
gether for a number of years, the ovmer of the one house is 
entitled to have his house supported by his neighbour's, and to 
maintain an action against his neighbour if in pulling down 
bis house the remaining house is injured. In Peyton v. Mayor 
of London, 9 B. and C. 736, the Court seemed to consider 
that the juxta-position of houses for a number of years was no 
evidence of such right. In Brown 9. Windsor, 1 C. and J. 20, 
where the plaintiff's house was erected against the pine end of 
the wall of the defendant's house by the permission of a former 
owner, the Court held that he had a right to the support of the 
defendant's house, and the defendant was liable for weakening the 
foundation of his wall, whereby he injured the plaintiff's house. 

If there be no right for one house to be supported by the 
other, the owner of the house pulled down is not bound to 
shore up or secure the other, (Peyton v. Mayor of London, 
9 B. and C. 736 ; Waters v. Pfiel, M. and M. 362.) Nor is he 
bound to give the owner or occupier of the adjoining house 
notice of his intention to pull down his own, (Trower r. Chad- 
wick, 3 Bing. N. C. 353 ; S. C. in Error, Chadwick r. Trower, 
6 Bing. N. C. 1.) He must, however, proceed with his work in 
a careful manner. If he pulls down his house in a wasteful, 
negligent, and careless manner, and thereby occasions injury to 
the next house, he is liable to make compensation in damages, 
and this although the injury may be in part occasioned by the 
owner of the next house not shoring it up. — Walters v. Pfiel, 
M. and M. 362 ; Massey v. Goyder, 4 C. and P. 161 ; Dodd v. 
Holme, 1 A. and E. 493; Trower v. Chadwick, 3 Bing. N. C. 
353; Bradbee v. Christ's Hospital, 4 M. and G. 757.^ 



''5?t. ^ mcmOPOUTAK BfTIUIINeS ACT. 

warn, 9». 

catdng ttwaj as in the Opimon of the adgonmg- 
OwDer or Oociqner to be mnMms or dangeroos, tAem 
upon ApplkftdcMi for Qmi Pmpooe t^ skM be ike 
Duty of the Surveyor and he ia hereby required to 
survey such Wall ; 

sarref. AND if upou the SuTvey thereof it be found 

mmous or dangerous, then to condemn it; 

AND THAT thereupon it shall be the Duty of 
the Building-Owner to puU down and r^uild such 
Party-Wall ; 

Damap AND THAT (fin the Opinion of the 9tBmyv(t or 

fSS^ of the Official Referees such Damage or Injury shall 
have been occasioned by Want of due C5are on the 
Part of the Building-Owner, then it shall be the 
Duty of such Buildmg-Owner and he is hoeby re- 
quired to pull down and rebuild such Buty-Wall, 
and that at his own Costs and Charges, including 
therein all the Costs and Expenses incident to such 
Survey, and the pulling down and rebuilding of such 
Party-Wall, and the reinstating and making good all 
the internal Finishings and Decorations (Nonaged 
thereby; 

Beboiidimg. AND THAT if the Owner of the Building to be 
rebuilt do not proceed with all due Despatch to pull 
down and rebuild such Party*Wall, and to reinstate 
and make good all the internal Finishings and Deco- 
rations of the adjoining Premises, and to pay the 
Costs and Charges and Expenses of the Survey, then 
it shall be lawful for the adjoining-Owner so to do, 
and he is hereby entitled to recover all the Costs and 
Expenses in respect thereof from such Owner, his 
Heirs, Executors, Administrators, or Assigns.* 

"* The effect of this section seems to be that where the old 
party-wall is rendered ruinous by cutting into for the purpose of 
building an external wall against it, it is to be puUed down and a 
new por/y-wall rebuilt, which of course will render the external 
wall unnecessary, and if it is injured by the carelessness of the 
building-owner, the works will be at his sole expense. If not, 
they will be at the joint expense of the building-owiier and 
a4Joining-owner, as in ordinary cases. 



METROPOLITAN BUILDINGS ACTw 41 «f{7^; 

XXX. AND BE IT ENACTED, with regard to Reblliidlng 
any sound tarty-Wall against which an external Wall p^^^ 
shall have been built, and which shall have been Waiis. 
suffered to remain^ 90 far w relates to the rebuilding 
thereof, 

THAT if, while such Party-Wall continues sound, 
the adjoining Building be pulled down or rebuilt, and 
such Party-Wall be pulled down, then the Owner of 
sudi adyoining Builduig shuil not be entitled to more 
than his just Proportion of the Materials thereof, nor 
to more than his just Proportion of the Ground on 
which such Party- Wall was built, nor shall he build 
on more than his just Proportion of the said Ground, 
unless he shall have agreed with and satisfied the 
Owner of the Building so previously rebuilt for his 
Half thereof; 

AND THAT t^the teid Owners cannot agree con- Kcference 
ceming the Division of such Materials, or of such ^JJ^i*^ 
Ground, or of the Building thereon, or concerning 
the Reimbursement of the Party first rebuilding as 
aforesaid, then the Price and all Matters in difference, 
including the Sale and Purchase of the Ground in 
question, sheUl be settled by a Reference to the 
Official Referees, whose Award shall be final. 

XXXI. AND BE IT ENACTED, with regard to Baisingof 
every Building hereafter built, so far as relates to the BuSSngt. 
raising thereof, 

THAT it shall be lawful to raise any Buildings 
but so that nevertheless the Party and external Walls 
and Chimneys thereof, when so raised, be of th^ 
Materials and of the several Heights and Thicknesses 
herein-before described for Party and external Walls 
and Chimneys of the Rate such Building shall be of 
when so raised ; 

AND with regard to Buildings already built, so far ^^^ 
us relates to the raising thereof, THAT although the *** 

Walls of such Buildings be not of the Thicknesses 
prescribed by this Act, if in the Opinion of the 
Surveyor, such Walls be sufficiently secure to allow 



wfr^I 42 METROPOLITAN BUILDINGS ACT. 

of the raising thereof, then it shall he lawful to 
any such Building already built to an additioiial 
Height not exceedmg Ten Feet ; 
2?«"»*y» ^ AND with regard to any Building adjoining one 
^tuS^^. which shall be raised, so far as relates to the raising 
oi the Chimneys thereof, 

THAT «/any Building be raised, it shall be the 
Duty of the Owner of such Building and he is hereby 
required to build up, at his own ^^pense, die Parly- 
Walls between his own and any adjoining BuUding, 
and all Flues and Chimney-Stacks belonging thereto ; 
Uieofraiwd AND with regard to any Building raised, so far as 
Building!. ^,^1^^^ ^^ ^j^g Use thereof by the adjoining-Owner, 
THAT if at any Time the Owner of any such ad- 
joining Building make use of any Portion of the Part 
raised of such Party-Wall, by Building against it, or 
otherwise, it shall be lawful for the Owner of the 
Premises so first raised to claim and he is hereby 
entitled to recover the Cost of a proportionate Part 
of the Portion which shall be so used, together with 
the Cost of such Parts of the Chimney-Stacks as 
belong thereto.'* 

R^rin^ XXXII. AND BE IT ENACTED, with regard to 
fng o7p»rty- Party-Fcnce-Walls, by which Term is to be under- 
Jjence- stood any Boundary. Wall parting the Grounds be- 
longing to different Owners or occupied by different 
Persons, so far as relates to the Reparation and 
rebuilding and raising thereof, 

THAT i/the Owner of any of the Premises parted 
thereby give One Month's Notice of his Intention to 
the adjoining Owner to repair, pull down, and rebmld 
the same, it shall he lawful for him so to do ; and if 
the Wall be below the Height of Nine Feet from the 



" Under the former Building Act it was held, that a party 
was not thereby authorized to raise a building to the injury of 
his neighbour's rights. If, therefore, the raised building dark- 
ened his neighbour's ancient windows, the Building Act e^orded 
him no justification. — ^Wells v, Ody, 1 M. and W. 452. 



ltSTROPOI.ITAN BUILDINGS ACT. 43 '•T^: 

frails, ^Ct 

Ground on either side, then either to raise it to that 
Height, or to pull it down and to rehuild it to that 
Height, hut upon Condition that he do pay all the 
Expenses thereof; 

AND THAT t/aBuilding he to he erected against ^^^ 
such Party-Fence-Wall, and such Wall be not con- FeJL"- 
formahle to the Requisites prescrihed for a proper ^■*^* 
Party-Wall for a Building of that Ckss and Rate, 
then it shall be lawful for the Building-Owner and 
he is herehy entitled to pull down such Party-Fence- 
Wall, hut upon Condition that he do pay all the 
Expenses thereof; and also that he do make good 
every Danuige wldch shall accrue to such adjoining 
Premises hy such rebuilding : 

PROVIDED ALWAYS, with regard to the Ex- ^^^JJ^" 
pense of so pulling down such Party-Fence-Wall, and Expense of 
rebuilding the same, operatioM. 

THAT if thereafter the adjoining-Owner use such 
Partv-Fence-Wall for any Pui^se to which, if it had 
not been pulled down and rebuilt, it would not have 
been applicable, then to such Extent as such adjoining- 
Owner shall so use such Wall the Building-Owner 
shall be entitled to be reimbursed the Expenses of so 
pulling down and rebuilding such Wall : 

PROVIDED ALSO, with regard to any such Jj^^^^^^ 
Party-Fenoe-Wall, so far as relates to the Limitation scm/ 
of the Height thereof, ^'^• 

THAT if any Party desire to raise such Wall so 
as to screen from View any offensive Object or 
Neighbourhood, then on Application to the Official 
Referees it shall be lawful for them to authorize such 
Work, but not so as to obstruct the free Circulation 
of the Air, or to injure the Property adjoining to or 
in the Neighbourhood of such Wall. 

XXXIII. AND BE IT ENACTED, with regard J^ng 
to the Party Timber Partitions of existing Builcfings '^wp2. 
belongmg to different Owners, so far as relates ^o tition*. 
the pulling down thereof, and any Wall under or over 
the same. 



WM»^ie, ^ METROPOLITAN BUILDINGS ACT. 

THAT if one of the Buildings be rebuilt, or if one 
of the Fronts of any such Building be taken down to 
the Height of One Story, or for a Space equal to C^e 
Fourth of such Front from the Letel of the Second 
Floor upwards, then, without the Consent of the 
adjoining-Owner^ but upon giving the Requisite No»- 
tice, according to the Forms (Nos. 11. 12. 13.) ih 
the Schedule of Notices, or to the like £fiRect> it shall 
be the Bnty of the Building-Ownet »id he is hereby 
required to pull down such Timbet Partitions, and 
the Wells under or over the same> and in heu thereof 
to build a proper Party-Wall, and that at the Expense 
of the Owners of all the IVemises piarted thereby; 

Pulling S:XXIV. AND BiE IT ENACTED, with regard 

^Md"****' ^^ Buildings built over public Ways, or having Rooms 

Buildings, or Stories, the Property of different Persons, lying 

intermixed (except Inns of Court herein-after provided 

for), so far as relates to the pulling down and laying 

the Parts thereof to each other, 

THAT if a Party-Wall or Pariy-Arch cannot be 
built without pulling down such Buildings, and so 
laying Parts thereof to each other, and if in default 
of the Consent of all proper Parties the Official Refe- 
rees authorize such Works, then it shall he lawful 
for the Owner of either of the said Buildings to exe- 
cute the same, but so that the Party-Walls or Party- 
Arches be conformable to the Provisions of this Act, 
and the Directions of the said Official Referees in their 
Award made in that Behalf. 

Inn. of XXXV. AND BE IT ENACTED, with regard to 

chu^n ^® Rooms or Chambers in the Inns of Court, (that 
&c. ' is to say,) in Serjeants' Inn, Chancery Lane, or in 
any of die Four Inns of Court, or in any of the Inns 
of Chancery, or any other Inns set apart for the Study 
or Practice of the Law, and with regard to other 
Buildings divided into Rooms or Chambers, Offices^ 
or Counting Houses, let out or to be let in separate 



MSTRePei.ITAN BVILBINGS ACT. 45 ^.^fT^: 

Suites or Sets, #o far as relates to the building of 
Party-WaUs, 

THAT the Walls or Dimions between the several 
Booms and Chambers in such Inns, or such Build* 
logs, belonging to and communicating with each 
s^Mxate and d^tinct Staircase, shall he deemed to be 
Party-Walls within the Meaning of this Act, and as 
such must be built in conformity with the Regulations 
axid Clauses herein contained rdating to Party-Walls. 

XXXVI. AND for the Purpose of facilitating and Power of 
regulating the Execution of any Works authorized by ?^S^ to 
this Act, or by any Award in pursuance thereof, in ^^ 
respect of any Party-Wall or Party-Arch parting the 
Buildings or Grounds belonging to different Owners^ 
or in the Occupation of different Persons, or in respect 
of intermixed Buildings, 

BE IT ENACTED, with regopd to any such 
Works, so far as relates to the Power to enter the 
adjoining Premises in order to execute the same, 

THAT if such Work have been duly authorized, 
either by the Consent of the Parties competent to 
give such Consent, or by the Award or Certificate of 
the Official Eeferees, then, at any Time between the 
Hours of Six in the Morning and Seven in the After- 
noon (Sundays excepted), it shall be lawful for the 
Building-Owner, or any other Person acting in his 
Behalf, accompanied by a Constable or other Officer 
of the Peace, and they are hereby respectively em- 
powered, to enter on the Premises of the adjoining* 
Owner, so far as may be necessary for executing suck 
Work; 

AND THAT if the outer Door of such Building Openiner 
be shut, and being thereunto requured the Person SSSvS tf 
therein refuse to open the same, or if such Building Good*, &e. 
be empty and unoccupied, then it shall be lawjkd to 
break open such outer Door ; and t/* any Fixtures, 
Groods, Furniture, or other Thing obstruct the build- 
ing of such intended Party-Wall or Party- Arch, or 
the pulling down any Wall, Partition, or other Thing 



Partg' 46 METROPOLITAN BUILDINGS ACT. 

" necessary to be pulled down and removed in order to 
the building such intended Party-Wall or Party-Arch, 
then to remove such Fixtures, Goods, Furniture, and 
Things to some other Part of the same Premises, 
(yr if there be no Eoom on the Premises sufficient for 
that Purpose, to remove them to some other Place of 
safe Custody ; 
Continuance AND THAT from and after such Entry, and at all 
of Entry. ^g^^Ja2 Times of working, it shall be lawful for the 
Builder employed to erect such intended Party-Wall 
or Party-Arch, and for his Servants and all others 
employed by him, to enter into and upon the Premi- 
ses, and abide therein the usual Times of working, as 
well for the shoring up of the said Building so broken 
into and entered upon, and for taking down and 
removing any Party- Wall, Partition, Wainscot, or 
other Thing necessary to be taken down and removed 
for the Purpose aforesaid, as to build such intended 
Party-Wall or Party-Arch ; 
m"dlSnM' AND THAT if in any Manner any such Owner or 
other Person hinder or obstruct any Workman em- 
ployed for any of the Purposes aforesaid, or wilfully 
damage or injure the said Works, then every such 
Person so offending shall forfeit for every such Offence 
a Sum not exceeding Ten Pounds. 

stop,>ing of XXXVII. AND NOW, FOR THE PURPOSE of 
wSernaT '" further protecting the Interests of adjoining-Owners, 
waiis^abut- BE IT ENACTED, with regard to external Walls 
PreiS«f. " adjoining the Ground or Building of another Owner, 
80 far as relates to the making of Openings therein, 

THAT if without the Consent in Writing of the 
Owner of such Ground or Building, any Opening be 
made in any such Wall, then it shall be lawful for 
such Owner and he is hereby entitled to require the 
Owner of the Premises in which such Opening shall 
stoppage be made to stop up the same with Brick or Stone 
thereof. Work, as the Case may be, according to the Form 
(No. 5.) in the Schedule of Notices, or to the like 
Effect; 



METROPOLITAN BUILDINGS ACT.' 47 y^^L^ 

AND THAT if ^tbin One Month after such 
Notice such Stoppage be not effected, then it shall 
be latojvl for such Owner and he is hereby entitled, 
either by himself or his Workmen, with Tools, Im- 
plements, and Materials, to cause such Openings so 
to be stopped, and he is also hereby entitled to be 
repaid the Costs thereof; 

AND with regard to such Costs, so far as relates Cost* of 
to the Adjustment thereof, THAT «/ such Owner ■**'pp^» "P" 
reftise to make Payment thereof, or if there be any 
Dispute as to the Amount thereof, then, on Applicar 
tion for the Purpose to the Official Referees, by 
either of the Parties concerned, it shall be lawful for 
the Person by whom they have been incurred and he 
is hereby entitled to refer the Matter of such Dispute 
to the Official Referees, and to have their Determina- 
tion thereon ; 

- AND THAT it shall be the Duty of such Official ^J^^^* 
Referees to give to the AppHcant a Certificate in Referees, 
relation thereto ; 

AND THAT if any Party hable to pay any Sum Recovery of 
of Money under such Certificate fail to do so, then it ^^^' 
shall be lawful for the Party entitled to such Costs to 
recover the same in the Manner herein-after provided 
for the Recovery of the Costs, Charges, and Expenses 
of executing any Works in pursuance of this Act. 

XXXVIII. AND BE IT ENACTED, with regard J^^^^Jb of^ 
to Walls, so far as relates to the Building thereof on nSt^vacant' 
vacant Ground at the Line of Junction of Premises G«>und. 
belonging to different Owners or in different Occupa- 
tions, 

THAT One Month before the Owner of any Piece 
of vacant Ground, or Ground not hitherto built upon, 
shall build any Building adjoining to another Piece of 
vacant Ground, or Ground not hitherto built upon, 
or build a Fence-Wall for such Piece of Ground, it 
shaU be his Duty and he is hereby required to give 
to the Owner or Occupier of such adjoining vacant 
Ground a Notice, which must be in Writing, and 






MSTROrQUTAK BfIlI.DINGS ACT. 



CoMentof 
adj(rinuig- 
Owner. 



nraat set forth hia Desire to build a Party-Wall or 
Party-Fenoe-Wall, and describe the Thickaesses and 
Diiiieiis]0ii8 of such desired Party-Wall cur Fwity* 
Fence -Wall, aoooirding to the Form (No. 16.) in the 
Schedule of Notices, or to the like £ffect ; 

AND THAT 1/ within such Period of Chie Montli 
such adjoining-Owner shall signify his Consult in 
Writing, then the same must be built partly on the 
Ground of one of the said Owners or Occupiers, and 
partly on the Ground ai the other Owner, and such 
last-mentioned Part is to be paid for as is herein-afier 
directed by such other Owner or Occupier ; but if 
he do not signify such Conseit, then^ it iball be the 
Duty of the Building-Owner to build an external 
Wall for such Building, and Fence-Wall for such 
Ground, entirely upon hia own Ground, except as to 
the Footings of any such Wall.® 



Building of XXXIX. AND BE IT ENACTED, with regard 
SJStaf &e. ^^ any new Party-Wall built on the Line of Junction 
in n*'^ ' of Premises belonging to different Owners, so far as 
forSjoin- relates to the providing of Chimney -Breasts and 
ing-Ownef. other Accommodation for the adjoining-Owner, 

THAT when the Owner of any Piece of vacant 
Ground shall have obtained the Consent of the ad- 
joining-Owner to build a Party-Wall on the line of 



« It was held under 12 Geo. III. c. 75, tbat that statute 
conferred no right to build half a party or side wall on the 
neighbouring land ; for no man has a right to presume, that his 
neighbour will hereafter build a house adjoining to his, and 
erect half his outside wall on his neighbour's ground in conse- 
quence of such presumption. — Barlow v. Norman, 2 W. BI- 
959. 

This section applies only when the builder is denroua of 
building half his party-wall on the adjoining ground. And if 
the adjoining-owner does not consent to the party-wall being 
built according to this section, the building-owner can have 
no right to the use of his land as a foundation, or support, 
by buildui^ on the very margin of his own. — (Vide note to 
9. 28.) 



METROPOLITAN BtJILDINGS ACT. 49 Jfy^: 

Jimction of their respective Premises, theny Ten 
Days at the least before beginning to build suoh 
Party-Wall, it shall be the Duty of the Building^ 
Owner to give the adjoining-Owner Notice there(^ 
according to the Form (No. 16.) in the Schedule of 
Notices, or to the like Effect ; 

AND TBLAT if in due Time the adjoining^Owner iMtroction* 
shall give Instructions in Writing, or by a Plan and i/g?dw!Mr. 
Elevations or other sufficient Drawings, then it shall 
be the Duty of the Building-Owner to construct, if 
practicable, sudi and so many Chimney - Jambs, 
Breasts and Flues oi Chimneys in all such Parts of 
such Party -Wall as shall be by such Instructions 
required, and to leave such Recesses in every such 
Wall as may be so required, but so that they be con-^ 
formable with the Directions of this Act concerning 
Party-Walls and Chimneys ; 

AND THAT thereupon it shall he lawfid for the ReimbuMc- 
Building-Owner to claim and he is hereby entitled to Ez^entei. 
recover irom the adjoining-Owner all the Expenses 
of constructing such Chimney- Jambs, Breasts, and 
Flues of Chimneys, and Recesses, as provided by 
this Act in that Behalf. 

XL. AND WHEREAS Buildings within the ^^^^ 
Limits of this Act are often, either from htigated **^J2*^*' 
Tides thereto, or from the Obstinacy, Neglect, or 
Poverty of the Owners thereof or of the Parties in- 
terested therein, or from other Causes, in so ruinous 
a Condition that Passengers are endangered thereby ; 

NOW, FOR THE PURPOSE of making Pro- 
vision in that Behalf, 

BE IT ENACTED, with regard to ruinous Build- ]^f ^"» 
ings or Parts of Buildings, so far as relates to re- SSadSg. 
pairing or pulling down the same, 

THAT upon receiving Information of any Building AppUcation 
being in a ruinous and dangerous Condition, it shall Heferees. 
be the Duty of the Surveyor and of the Overseers for 
the Time being of the Parish or Place in which the 
same shall be and they are hereby respectively re- 



50 METROPOLITAN BUILDINGS ACT^ 

BmUinf9* 

qui^d, to apply forthwith to the Official Referees to 
authorize a Survey to he made thereof; 

AND THAT thereupon it shall be lawfid for the 

Official Referees to direct the Surveyor to make such 

Survey; 

Surrey. AND THAT thereupon it ihaU be the Buiy of 

s. 84. such Surveyor to act in all respects as in the Case of 

a Survey of Party-Walls ; 
Notice to AND THAT upon the receipt of the Certificate of 
«S"LJ?to'* t^® Surveyor it shall be lawful for the Official Re- 
oveneen. ferees and they are hereby required to cause a Copy 
thereof to he transmitted, if the Premises be within 
the City of London, then to the Court of Lord Mayor 
and Aldermen, and if they be elsewhere, then to the 
Overseers of the Poor of the Parish or Place in which 
such Premises shall be ; 
Shoring and AND THAT thereupon it shall be the Duty of 
H^d*"md 5^^^ Mayor and Court of Aldermen, and Overseers, 
Notice to to cause with all convenient Speed any such ruinous 
^^*** Building to be securely shored, or a proper and suf- 
ficient Hoard to be put up for the Safety of all 
Passengers, and to cause Notice in Writing to be 

§iven to the Owner of such Building to repair or pull 
own the same or any part thereof, as the Case may 
require, within Fourteen Days then next ensuing ; 
Bepain. AND THAT if within the said Fourteen Days, 

the Repair or Demohtion thereof be not begun, and 
be not completed as soon as the Nature of the Case 
will admit, then, on a Declaration being made before 
the said Lord Mayor or a Justice of the 'Peace of 
such Notice having been so given (which Declaration 
the said Lord Mayor and Justice are hereby respect^ 
ively empowered and required to receive), it shall be 
lawful for the said Lord Mayor and Court of Alder- 
men, and they are hereby authorized and required, 
out of the Cash in the Cliamber of London, and also 
for every such Overseer of the Poor, by and out of 
the Money in his Hands, and the^ are hereby seve- 
rally authorized and required, with all conlrenieDt 
Speed, to order and cause such Building, or such 



MBTROPOLTTAN BUILDINGS ACT. 51 /"S«»«« 

F&rt thereof so certified to be in a ruinous and dan- 
gerous Condition as shall be necessary for the Safety 
of the Passengers, to be repaired or pulled down, or 
secored in such Manner as shall from Time to Time 
be requisite : 

PROVIDED ALWAYS, THAT if such Lord M«» 
Mayor and Aldermen, or such Orerseers, appeal sonrey. 
agamst such Certificate, it shall be the Duty of the 
Official Referees to proceed to survey, to certify, and 
to award in all respects as in the Case of an Appeal 
from the Certificate of the Surveyor with reference to 
Party-Walls or intermixed Buildmgs ; 

AND THAT t/such Official Referees certify that DemoUtion. 
the said Premises are ruinous and dangerous, it shall 
be the Ihity of the said Lord Mayor or the said 
Overseers to repair or pull down such Building as 
aforesaid. 

XLI. AND BE IT ENACTED, with regard ^oDi.po«aof 
any such ruinous Building so pulled down, so far as ^y cJlu.^ 
relates to the Disposal of the Materials thereof, and 
to the Apphcation of the Proceeds, 

THAT it shall be lawful for the said Lord Mayor 
and Court of Aldermen, or the said Overseers, to sell 
and dispose of such of the Materials as they shall 
judge necessary, and out of the Moneys arising from 
the Sale thereof to reimburse to themselves, the 
Surveyors and Official Referees, and every Person by 
them respectively employed for the Purposes afore- 
sald, all the Charges of the Survey and Appeal, and 
of potting up every such Hoard, and of repairing, 
pulling down, and securing such Premises, and of 
making good the Pavement, and of selling the said 
Materials as aforesaid, or so much thereof as the 
Moneys arising by such Sale will extend to ; 

AND THAT if there be any Surplus after Pay- J»y«»;j*^«' 
ment of all Expenses, then^ upon Demand thereof D'Sand?" 
made by such Owner, it shall be the Duty of the said 
Lord Mayor, or of the said Overseers, to account for 
and pay such Surplus of the Moneys arising by such 



JBtATdmcv. 



32 



METROPOLITAN BUILDINGS ACT. 



IfnoDe- 
mukdf 



CStyof 
London or 



to refund 

witiiinSU 

Yewt. 



Sale to the Owner of such Boflding ; or if there be 
any Question as to the Person entitled to such Sur- 
plus, or as to the Priority of Title to such Sum of 
such Persons so entitled, or as to the Proportions to 
which such Persons are so entitled, then ii shall he 
lawful, either for the Lord Mayor or the Overseers, 
or for any Person claiming to he so entitled, to refer 
the Matter to the Determination of the Official Ke- 
ferees, and their Decision shall he final ; 

AND THAT if no such Demand he made, then 
such Surplus ahally as regards Places within the City 
of London and the Liheirties thereof, be paid to the 
Chamberlain of the City, and as regards all other 
Places such Surplus shall be paid to the Overseers, 
and added to the Moneys raised as Butes for the 
Kelief of the Poor of the Parish or Place, and ac- 
counted for accordingly : 

PROVIDED nevertheless, THAT at any Time 
within Si? Years from the Deposit of such Surplus, 
it shall be lawful for any such Owner, his Executors 
or Administrators, to claim and he and they are 
hereby entitled to recover such Surplus; and the 
said Lord Mayor and Aldermen of the City of 
London, as regards the said City and Liberties 
thereof, are hereby required to pay such Surplus out 
of the Cash in the Chamber of London ; and every 
Overseer, as regards Places not within the said City 
or the Liberties thereof, is hereby required to pay 
such Surplus out of any Moneys raised or to be 
raised by any Rate for the ReUef of the Poor.*' 



deSJ'lo'bc '^^^^* ^^^ ^^ ^'^ ENACTED, with regard to 
paddTy die such ruinous Buildings, so far as relates to the Ex- 

Owner ; 



p As this money will be claimed from the Lord Mayor and 
Aldermen, or Overseers, in their public capacity, and as they 
will not be personally responsible to pay the money, the 
remedy for compelling payment in case of refusal will be by 
Mandamus. — (Rex «. Lords of the Treasury, 4 A. and E. 286 ; 
Rex o. Nottingham Old Waterworks Company, 6 A. and £. 362.) 



KSnOVOUTAN BUIIJ>IRG8 AC7T* 5S 

penaes of any sodi Sorrej and Appeal, putthig up 
such Hoan)» iepairing» pulliiig down, and securing 
soch Bi]]]d]Bg3» and adfing the Materials, bejond 
the Amount thereof whidi shaU have been satisfied 
b J the Application thereto of the Proceeds of the 
Materials, 

THAT i^the Moneys arising from sneh Sale be in* 
sufficient to T^VjfJ all such Expenses, /ic» from Time 
to Time such Deficiencj shall be paid by the Owner 
of ereiy soeh Building, being the Person entitled to 
the immediate possession thereof, if known ; 

AND THAT if, on Demand thereof, such Owner «kirMd^ 
fiul to pay such Deficiency, then it dudl be lawful n!^, 
for the Lord Mayor for the Time being, if sudi 
ruinons Building in question be within the City of 
Lcmdon or the Liberties thereof, or if elsewhere, for 
Two or more Justices of the Peace, to lery the Amount 
thereof by Warrant under their Hands and Seals, by 
Distress and Sale of the Goods and Chattels of such 
Owner, if any such can be found ; 

AND THAT y no such Owner can be met with, Jj ^^^Jjf 
or, being met wiUi, shall not, on Demand, pay the dJEwtfnm 
said De&iency, and no sufficient Distress of the Uoods ^*^* 
and Chatteb of such Owner can be found, then it shall 
be lawful for the Person who shall at ai^ Time there* 
after occupy any such Building, or the uround where 
the same stood, and he is hereby authorized and re- 
quired to pay and deduct the same out of the Bent 
Uiereof; 

AND THAT if he n^lect or refuse to pay such orby dm. 
Deficiency, then it shall be law/ul for the said Lord oeM^r. 
Mayor, or Two or more such Justices of the Peace 
and they are hereby empowered and required to cause 
the same to be levied by Distress and Sale of the 
Goods and Chattels of any Occupier of the Premises, 
together with the Costs of every such Distress and 

AND THAT if the Premises be aituate within the SSSJ to** 
City of London and its Liberties, it shall be the Duty 2j™J- 
of the Person by whom the same shall be received the over. 



mrmoFOUTAK ]iuiu>ings act. 

and lie is henkj reqniRd to pay tlie Amount to the 
Chamberiam, to be bjluiii fiom Tone to Time plac^ 
to the Credit of the Cash of the said City of London, 
AND (f the Premises in reelect of idiidi sach Mon^ 
shall be leoetved or recovered be not sdtuate within 
the said City of London and the Liberties thereof, 
then to pay die Amount reeeived to tihe Overseers of 
the Poor for the Time being of the Parish or IHaoe 
where the Premises shall be situate, to be by them 
placed to the Account of the said Parish, in aid of 
the Poor Bate of the P^uish or Place. 

vLet^dt XLIII. AND BE IT ENACTED, wUk regard to 

c^S^, nnnous Chimneys, Boofs, and Projections^ «o /or as 

*tc. relates to the repairing thereof, 

THAT i/a Chimney-Shaft, Cliimney-Pot or other 
Thing thereon, or the Eaves, or Parapet or Coping, 
or Slates or Tiles on the Boof, or any Projection 
from the front Walls of any Building, be in danger 
of falling, then it shall be the Duty of such Surveyor 
and he is hereby required to require the Occupier of 
such Building, or if there be no Occupier then the 
Owner thereof, to take down or secure the same 

Notice. within Thirty-six Hours after Notice thereof shall 
have been given ; 

it«p«in. AND THAT if within the Tfane specified such 

Occupier, or some other Person interested in such 
Buil(&[ig, do not begin to take down or secure the 
same, and as soon as the Nature of the Case will 
admit complete such taking down or securing of the 
same, then it shall be the Duty of such Surveyor to 
give Information thereof to a Justice of the Peace, 
AND thereuppn it shall be the Duty of such Justice 
of the Peace to proceed to cause such Chimney-Shaft, 
Chimney-Pot or other Thing thereon, or the Eaves, 
or Parapet or Coping, or Slates or Tiles on the Boof, 
or Projection from the front or side Wall of such 
Building, as shall be considered by such Surveyor in 
danger of falling, to be forthwith taken down or 
secured ; 



MJETROFOLITAN BUILDINOS ACT. 55 

AND THAT if there be no Occupier or known certifl^n 
Owner^ then it ^mAI be lawftd for such Justice to^'" 
direct that the reasonable Expenses, to be certified 
by the Official Referees, be paid by the Overseers of 
the Pariah or Place in which such Building shall be 
situated; 

AND THAT t/thereafter the Owner of such Build- J^^^ 
ing become known, or if the Building become occu- or occupi?. 

?ied9 then it shall be lawful for the Overseers of the 
/oor and they are hereby entitled to recover the 
Amount of such Expenses from such Owner or from 
such Occupier as in the Case of ruinous Buildings 
herem-before provided for ; 

AND THAT */ within the Time Umited the Occu- Pewaty. 
pier, or some other Person interested in such Build- 
ing, do not take down or secure the same, then for 
every Day during which the same shall so remain 
unrepaired or not sufficiently secured, such Occupier, 
or the Owner if there be no Occupier, shall forfeit 
and pay a Sum not exceedmg Five Pounds ; 

AND THAT such Occupier or Owner shall also Fees md 
pay the Surveyor's Fees, and all other Costs, Charges, *p*°***' 
and Expenses attendant upon any such taking down 
or securing the Buildmg ; and all such Surveyor's 
Fees, and other Costs, Charges, and Expenses, may 
be recovered and levied in the same Manner as such 
Penalty ; 

PROVIDED always, THAT if the Occupier of Reimbum- 
such Building be not bound by virtue of any Lease SJJJJ^ct. 
or other Instrument to repair, reinstate, or secure 
the Premises, then such Occupier is hereby entitled 
to retain out of the Rent payable in respect of such 
Premises all such Penalties, Costs, Charges, and Ex- 
penses attendant upon or arising out of the taking 
down or securing, or the repairing or rebuildiog the 
same, as in the Case of any other Works the Costs 
of which he is hereby required to pay in the first 
instance. 

Injury by 

XLIV. AND BE IT ENACTED, with regard to SS^^ 



56. MKTROFOUTAH 3VIIJ>INCA AOT* 

adjobooDg BuildmgB, «o far at rdaket to the maldiig 
good aaj Damage arismg hma tibe f aUmg down of 
Farts thereof (except any such Part of a Pw^-»Wall 
aa shall belong to and be uaed oonjoindj by the 
Owners or Oecapiers of the Bnildinga parted tfamby), 
THAT if at any Time any Injury or Damage be 
cansed to any Fart of an adjoimng Building, or to 
the internal Decorations and Fnmitnrey Goods^ Wares, 
and Merchandize in such Building, by the &S^ 
down fixnn any other Building of any Ghimn^-^Shslty 
Chimney-Fot, Farapet, Coping or other Tiling, tken 
it $haU he the Duty of the Owner of the Building 
from which such Fart shall fall, and he is hereby 
bound and required, to reimburse the £3cpenae to 
which the Owner or Occupiw may be put in making 
good such Injury or Damage, in like Manner aa 
herein directed ccmceming the Reimbursement of the 
{Upenses of ruinous F^urty-Walls ; and such Costa 
shfJl be recoverable in the Manner herein-aftor di- 
rected for the BeoDveiy of the Costs and Expenses of 
executing Works in pursuance of this Act. 

g«rt of^ XLV. AND BE IT ENACTED, THAT all the 
jdSSmaai. Fowcrs and Authorities by this Act vested in the 
Mayor and Aldermen of the City o£ London may be 
UntfuJly exercised by the Court of Mayor and Alder* 
men of the said City to be holden in the outer Cham- 
ber of the Guildhall of the said City according to the 
Custom of the said Citjr. 

o/^f. xj^yi ^^jy pQB^ rpjjjj PURPOSE of reim- 
i^mvoxnt bursing any Building^Owner for the Expense of 
^ woS^ Works incurred in respect of any Farty-Structure, 
c^r ^^ ^'^ ENACTED, vdth regivd to the following 

Works, 90 far at relates to the Reimbursement by 
the adj<Hning-Owner of Expenses incurred by the 
Building-Owner in respect of any Farty- Structure 
built to part the Buildings or Premises beloi^ing t& 
other Owners from the Buildings or Fremises belong- 
ing to himself^ that is to say^ 



MBTROPOL.ITAN BUILDINGS ACT, 57 5ffj^, 

-First, y/nth regard to any Parbr-Wall hereafter built "^ 
on the line of Jimcticm of any Two Buildings ;^ 
and. 

Second, with regard to any Party-Wall hereafter 
built on the line of Junction of any Building 
and any racant Ground or of vacant Premises 
belonging to different Owners or Occupiers ;. 
and. 

Third, with regard to a ruinous and defective Party- 
Wdil pulled down and rebuilt, either with the 
Consent of the adjoining-Owner, or in pursuance 
of the Condemnation thereof according to this 
Act, ezicept a Party-Wall condemned on account 
of the Injury done thereto by any Building- 
Owner, and the Expenses of winch and of other 
incidentai Works the Official Referees shall have 
awarded to be paid by such Building-Owner by 
virtue of the Provision in that Behalf ; and 

Fourth, with regard to One or more Timber Parti- 
tions between any Two or more Buildings pulled 
down, and a Party-Wall built in Ueu thereof; 
and. 

Fifth, with regard to a new Party-Wall or Party- 
Arch built in lieu of any Party-Wall or Party- 
Arch between intermixed Properties pulled down, 
either with the Consent of the adjoining-Owner, 
or in pursuance of the Condemnation of such 
Party-Wall or Party-Arch ; and. 

Sixth, with regard to any Party-Wall built on the 
Site of a Party-Fence or Party-Fence-Wall, and 
used otherwise than as a Party-Fence-Wall by 
the Person who shall not have built the same ; 
and, 

Seventh, with regard to every other Case of Reim- 
bursement in respect of any Party-Structure, 

THAT t/'thc Party-Structure be built in the Man- Recovery of 
near, and of the Materials, and of the Thicknesses of S™ JSL?™ 
such Structure as reqmred by this Act m reference ing-0wner». 
thereto, then it shall be lawful for the Building- 
Owner at whose Expense such Work shall have beei^ 



^^fSSoL ^^ XSTKOFOUTAN BITIIJ»TKG6 ACT. 

executed to claim and he is hereby entitled to be 

paid, and to reoorer from the Person ivho is entitled 

to the immediate Possession of the adjimiing Building 

or Ground, or who is in the immeihate Oocopation 

tiiereof,* the following Compensations ; that is to say. 

If a new Party-Wall or Party-Arch built on the 

Line a( Jnncticm by One Owner be made use of, 

either wholly or partially, by the adjoining-. 

Owner, then the Smn of Money proportionate to 

the Yfliue of so much of such Party-Structure so 

made use of; and 

J£ Chimney-Jambs, Chimney-Breasts and Rnes, 



f The nnmeroiui decLnona on the oU Building Act as to who 
was the owner of the improved rent, liable to contribute to 
the expense of building a party-wall, are inapplicable to the 
present. Under the present statute the building-owner will, 
it is apprehended, experience no legal difficulty in ascertaining 
who is the adjoining-owner liable to bear a proportion of his 
expenses. It may be noted that under the former statute it 
was held that the person equitably entitled to the improTcd rent 
was an owner thereof under that statute, as where he held the 
adjoining land under an agreement for a lease. Feck v. Wood, 
5 D. and E. 150. The same construction must be put on the 
present statute, vide s. 49. Where the adjoining-owner is 
estitled as administrator, he is bound to apply the profits of 
the premises in the first instance towards payment of the 
expenses of the party-wall ; he cannot shew that the assets 
have been exhausted by the payment of debts of a superior 
degree : he is, it would seem, absolutely bound, and cannot 
excuse himself from payment by shewing he has received 
nothing from the premises and has no other assets. — Thacker 
tr. WiUon, 3 A. and E. 142 ; 4 N. and M. 142. per Coleridge J., 
3 A. and E. 150 ; Homidge v. Wilson, 11 A. and £. 645 ; Wil- 
cox V, Newman, 1 Chit. 122. 

The provisions of the former statute as to contribution were 
held not to apply where there was an agreement between the 
two owners relating to the expense, (Stuart v. Smith, 2 Marsh, 
435 ; 7 Taunt. 158 ;) or where a builder haring built a house 
with a party-wall entirely on his land, afterwards granted the 
adjoining ground without making any stipulations as to the 
party-wall. Williams v. Pocklington, 2 B. and Ad. 878. In 
Ihii case the grantee had no right to use the party-wall. 



MSTROPOLITAN BUILmNGS ACTw 59 j^f^^^ 

li«ye been set up in any Party-Wall, in pnnuaiice 
of the InstructionB of the Owner of any vacant 
Ground adjoining to the same, then a Sum equal 
to the Value thereof; and. 

If an unsound Party-Wall or other P^ffty-Stnicture 
be pulled down and rebuilt, then a Sum of Money 
equal to a proper Proportion of the Value of the 
new Party-Structure, Deduction beins made for 
a due Proportion of the old Materials, and also 
a proportionate Part of all Expenses which shall 
be necessary for pulling down the old Party- 
Structure, in lieu of which such new Party- 
Structure shall be built ; and 

If a Party-Wall be built m Heu of a Tunber Par- 
tition or other Party-Structure, and be made use 
of by the adjoining-Owner, then a Sum of Money 
proportionate to the Value of so much of such 
new Party-Wall as shall be so made use of, and 
also a proportionate Part of all Expenses which 
shall be necessary for puUii^ down the old Tim- 
ber Partition or other Party-Structure ; and 

If a Party- Wall or Party-Arch already built or 
hereafter rebuilt be used by any adjoining-Owner, 
then a Sum of Money proportionate to the Value 
of so much of such Party-Structure as the ad- 
joining-Owner shall use, Deduction being made, 
where proper, for the Value of old Materials ; 

And in every Case the whole of the reasonable 
Expenses of the shoring up the adjoining Build- 
ing, and of removing any Goods, Furniture, or 
other Things therein, and of pulling down any 
Wainscot or Partition thereof; 

And also such Surveyors' Fees and any other Fees 
payable in respect of any Acts performed by the 
Official Referees, and also such other Costs (if 
any) as may have been awarded by the Official 
Referees as aforesaid in any of the Cases hereby 
provided for : 
AND until such Expenses shall be so paid, eveiy Delay of 
Person, at whose Expense such Party-Structure shaU ^y"«°*- 



^fg^SfS, ^^ METROPOLITAN BI7II.I>IM«8 ACT* 

*~" luvre been built is hereby entitled to and sludl be 
possessed of the sole Property thereof, and of the 
Ghx>und whereon it stands, and the same sUl be 
rested entirely in the Person at whose Expense' such 
Partj'Structure shall have been buik/ 

«J^7 o' XLVII. AND BE IT ENACTED, wUh regard to 
buiidinff. the Costs of aU the Works which shall be exeeuted 
nnder this Act, incurred either by an Owner or by an 
Occupier, either on behalf of the Owners of the same 
Premises or on behalf of the Owna* of the ad- 
joining Premises, so far as relates to the ReebTcry 
thereof, 

THAT within Twenty-one Days after the C<Rnple- 
tion of the Work it shall he the Duty of the Person 
by whom such Expense shall hare been incurred to 
deliTer to the adjoining-Owner of the Building or 
Premises in respect of which such Expense shall have 
been incurred an Account in Writing of the Expenses 
of the Work, including all preliminary and incidental 
Operations; and also if the Work shall have been 
executed by the Authority of the OflScaal Referees, 
by virtue of the Power hereby provided for supplying 
s. 84. tne Want of Consent of Owners, then a Copy of such 
Account shall also be delivered to the Official Referees 
at their Office ; 



'' Where there is no evidence of the origin of a party-wall, 
the inference of law from it being used in conunon by both 
houses is, that the owners of both houses are tenants in 
common of the party-wall. (Cubitt v. Porter, 8 B. and C. 
257 ; Murly v. M'Dermott, 8 A. and E. 138 ; Bradbee v, 
Christ's Hospital, 4 M. and 0. 761.) Where it has been 
erected under 14 Geo. III. c. 78, the owner of each house is 
entitled to half the party-wall and half the ground on which it 
stands. (Matts v. Hawkins, 5 Taunt. 20.) This will doubtless 
be so under the present statute, where the adjoining-owner has 
contributed towards the expense. 

Trespass or ejectment may be maintained where the ad- 
joining-owner builds against a party-wall, the property of the 
building-owner. (Trotter v. Simpson, 5 C. and P. 51.) 



MXTROPOLITAM BlTIIiDINGS ACT. 61 Sjf^ 

AJ{D THAT erery such Account must contaiii a accwm! 
true Account, — 

First, of the Number of Bods and Parts of Rods of 
Brick-work, and of all Digging, and of Concrete, 
StOne-work, and other requisite Materials, and 
of the Labour required in executing so much of 
the Work as the 0¥mer oi the adjoining Building 
shall be liable to pay, and of the respeetiTe 
Prices thereof ; and. 
Secondly, of any Deduction which such adjcMuing- 
Owner shall be entitled to make therefirom on 
account of the old Materials of so much of the 
Wall or other Struct^e pulled down which shall 
have belonged to him ; 
And also a true Account of the Expenses of all othe? Dau of 
preliminary and incidental Operations ; Account. 

AND THAT all such Works must be estimated 
and valued in every such Account at such Bates and 
Prices as shall from Time to Time be fixed by the 
Official Beferees ; 

AND THAT i/ within Ten Days fiom the Delivery Examina- 
of such Account any Party dissatisfied with the Pro- TOunte by" 
portion of the Amount thereof charged to him appeal S^*^ 
to the Official Beferees, then upon the Beceipt thereof, 
or «^ in Cases of Want of due Consent as aforesaid^ 
sudk Account be delivered to the Official Beferees as 
aforesaid, it shall be the Duty of the Official Beferees 
to examine such Account, and to certify whether they 
approve or disapprove of the Items thereof, and 
whether the Bates and Prices are duly charged, and 
whether the Proportion of the Account charged to 
the Party appealing be duly charged, and fuso to 
appoint now and by whom the Expenses of such 
Examination are to be borne, and also to appoint the 
Time or Times at which the Amount of such Account 
and of such Expenses payable by any Party are to be 
paid; 

AND THAT «/they certify their Disapproval, or Dii. 
that the Charges are not duly made, or the Amount •pp™^'^- 
fidrly apportioned with regard to the Party appealing. 



^SSfT? 62 mTROPOI«ITAN BUILDINGS ACT. 

akany before any Demand be made or any Proceedingfl 
be taken thereon, the Aoooont must be amended, and 
agam examined by the Official Referees, and certified 
as aforesaid ; 
Aporond, AND THAT i/the Official Referees certify their 
of pl^^t. Approval, then at the Time or Times appointed by 
the said Official Referees it ehaU be lawjful for the 
Person entitled to such Costs and Expenses to demand 
the Amount thereof; 
BetarfTfci AND THAT if, withiu Ten Days after the de^ 
^'^ ~* livering of such Account to the Party liable to pay 
the same, such Party do not either appeal against 
such Account or pay the sapie, or if, withm Ten Days 
after the Demand thereof, in conformity mth the 
Certificate of the Official Referees, the Amount 
thereof, t<^ther with the Costs of the Examination 
of the Account as the Official Referees shall certify, 
be not paid, then it ehaU be lawfid for the Person 
entitled thereto to recover the same, or so much 
s. los. thereof as shall be then due, by the summary Pro- 
ceeding hereby provided. 

Reimb««j. XLVIII. PROVIDED always, AND BE IT EN- 
cSS» of ACTED, with regard to Works executed under this 
J5^JjJ^ Act, eofar as relates to the Reimbursement to the 
Occupier of any Costs by him paid in respect thereof, 
THAT, unless there be some Covenant or Agree- 
ment to the contrary between the Parties, it ehaU be 
lawful for such Occupier and he is hereby entitled 
to deduct from the Rents due or becoming due ^m 
him to his Lessor or Landlord, the Amount of any 
such Costs, Charges, and Expenses payable by his 
Lessor or Landlord, and the Coats, Charges, and £ix- 
penses of any Distress and Sale made on him through 
the Default of his Lessor or Landlord ; 
Discharge. AND THAT the Receipt for such Payment shall 
ment^^*'* be a sufficient Discharge to any Occupier for so much 
Money as he shall have so paid, or which shall have 
been so levied on his Goods and Chattels in pursuance 
of this Act, and shall be allowed by such Lessor or 



MSTROPOLITAN BUILDINGS ACT. 63 %f^ 

Landlord in part or full Payment (as the Case may 
be) of the B^t due to him bj such Occupier. 

XLIX. AND BE IT ENACTED, with regard ^o necorery of 
the Costs and all other Expenses of pulling down, flSSingi.**^ 
securing, repairing, and rebuilding Party-Structures, 
or other Parts of Buildings, according to the Provi- 
sions of this Act, 90 far as relates to the Recovery 
thereof amongst the several Owners of the Premises, 

THAT when such Costs and Expenses shall have 
been ascertained and paid by the Owner upon whom 
the Payment thereof shall have first fallen, theny aa 
to any Building or Tenement held under any Lease 
or Agreement for a Lease, or other Agreement for 
the Occupation thereof, made before the coming into 
operation of this Act, it sJudl be lawfid for such 
Owner and he is hereby entitled to recover the same 
from the Persons now bound or liable by Law or by 
any existing Contract to maintain and repair sucn 
Buildings in respect of which such Costs and £bc- 
penses shall have been incurred ;' 

But i/anj Dispute or Difference arise as to the Per- Differences, 
sons so bound or liable, then every such Dispute or 
Difference shall be referred to the Official Referees ; 

AND THAT thereupon such Official Referees shall petermina. 
ascertain and determine the Persons bound or liable officwi 

Refeieet. 

' A general covenant to repair does not impose on the 
lessee the ohligation of contributing towards the expense of 
building a party-wall. — (Moore v, Clarke, 5 Taunt. 90; Sangster 
V. Birkheady 1 B. and P. 304.) A covenant to bear, pay, and 
allow a reasonable share and proportion towards supporting, 
repairing, amending, and cleansing all party-walls, binds the 
lessee to contribute towards rebuilding the party-wall under 
the Building Act.— (Barrett v. Duke of Bedford, 8 D. and £. 
602.) In a recent case, when a lessor covenanted to repair and 
keep in repair all external parts of the demised premises, he 
was held liable to repair a party-wall which became dilapidated 
by reason of the adjoining premises being taken down. — Qreen 
t. Bales, 2. Q. B. 225. 

The lessee under coyenant to repair is only entitled to 
recover from his lessor the sum he is obliged by the Building 



of Work; 



64 



MSTROPOLITAN BUILDINGS ACT. 



Charges on 
Lessor. 



to paj such Costs and Expenses, and also in what 
Proportions such Costs and Expenses are to he paid 
hy the Parties hahle to pay the same, and thev De- 
cision shall he final ; 

AND THAT as to any Building or Tenement to 
be held under any Lease or Agreement for a Lease, 
or other Agreement for the Occupation thereof, made 
after the coming into operation of this Act, (except a 
Lease renewable for ever on a fixed Fine or other 
customary Payment,) all such* Costs and Expenses 
9haU be charged upon the Lessor granting such Lease 
or making such Agreement, and not upon any Lessee 
or Sub-lessee holdmg under any such Lease or Agree- 
ment, ST7BJECT, NEVERTHELESS, to any cxpress 
Covenant or Agreement made between any such 
Lessor and Lessee in that Behalf; 
Charges on AND in casc of such excepted Lease such Costs 
and Expenses shall be charged upon the Lessee in- 
stead of the Lessor, subject, as aforesaid, to any 
express Covenant or Agreement in that Behalf be- 
tween any such Lessee and his Sub-lessee holding 
under such Lessee upon other than a fixed Fine or 
customary Payment as aforesaid ; 

AND THAT in default of such Costs and Ex- 
penses being duly paid, it shall be lawful for the 
Party to whom the same shall be payable and he is 
hereby entitled to receive from the Occupier thereof 
the Rents and Profits of such Building or Tenement, 
AND for that Purpose to give Notice to such Occu- 
pier to pay over to him such Rents and Profits ; 

AND THAT thereupon, if such Occupier fail to 
pay such Rent and Profits accordingly, then it shall 
be lawful for the Person to whom such Costs and 
Expenses shall be payable to recover the same from 
sucn Occupier by the summary Proceeding hereby 



Receipt of 
Rents. 



Recovery of 
Rents. 



Act to pay the building-owner ; not any expenses he voluntarily 
incurs, as when he builds a party-wall himself (Pizey v» Rogers, 
Ry. and Moo. 357), or employs workmen to shore up the house 
and remove his furniture (Robinson v. Lewis, 10 East. 227). 



lOTBOFOUTAH BUIUUirGS ACT. 65 5^^ 

provided, in aiidi PMportioiis uid at siM^ Th^ 
sImH be afipobitMl b j the Awud of the stid Official 
Beferces in that Behalf ; 

AND THAT after such Notice shaD be given, and J^^' 
before SQch CosU and Expenses ahaU be pakl, t# jAoII ^^ 
mot be lawfid for any Pmon otberwiae entitled to re- 
oeire such Rents and Ptnfits and he is herebj disabled 
firam bringing any Action, and from taking any Pn>- 
oeeding at Ijkw or in Eqintj to reeorer 9adi Bents 
and Prate: 

PBOYIDED ahfi^ THAT ^f on the hearing ofu- 
the Application for the Wanant to levy snch C^sts 
and Eipenaes by DisCzess, according to the Provision 
of this Act in that Behalf, the Ooeapicr not being an 
Owner, show that he is not bound to pay in respect 
of such Building or Tenement any Bent or Profit, or 
that the Amoont of the Bent or Profit payable by 
him is not sufficient, then it shall not be lawfid to 
issue sudi Warrant, if there be no Bent due or ac- 
cruing, or, tf there be Bent due or accruing, then to 
the Extent only of the Amount of such Bent ; 

AND THAT if such Costs and Expenses or «ny i, j^j.^^ 
Part thereof remain unpaid, and (^the same or any 00^*^^ 
future Occupier be or become liable to pay Rent in "*"* "'■^• 
respect of such Building or Tenement, then, from 
Time to Time until the same be paid, it shall be lauy 
fid to levy the same by Distress, according to the 
Provisions of this Act in that Behalf, upon ue same 
or any such foture Occupier. 

L. AND BE IT ENACTED, with regard to such gJJ^^^^ 
Costs and Expenses of Works executed under this termine 
Act, so far as relates to Contribution thereto by ^J^^"- 
Persons bound or liable to make Contribution, 

THAT for the Purpose of enabling the Party upon Propor- 
whom the Payment of such Costs and Expenses shall tr?butioDs!~ 
fall, either in the first instance or subsequently, to 
obtain Contribution from other Persons, being Owners 
according to the Meaning of this Act, in like Degree, 
and so bound or hable to make Contribution, it shall 



ff^^!»k9 ^^ METROPOLITAN BUILDINGS ACT. 

he kMftil for eTery such first-meatioii^ Panaon, 
whether hfi be Freeholder^ Copyholder, Leaseholder, 
Mortgagee in possession, and whatever may be^his 
Interest, or the Nature and Extent, of such his In- 
terest, and whether he hold in his own Bight or in 
Right of others^ and whatever nu^ be the Kuid& and 
Dmees of their respective Interests^ and he is herdby 
entitled to. a ContnbutioB fvola ev^ other Person 
s. 9. having as Owner an Interest in the Premises,, of 

whatever Kind or Degree, which Contribution is 
to be computed aocordiiig to the Am0tuit of lus 
Interesit ia proportion to. that of Other Persons in- 
terested, so far as such Persons* may be known, or can 
be reached by Process of atiy Court o£ La?w or 



g^n<rf AND THAT it ^haU he lawful for any Party so 

Beferaes. interested and he is hereby eutitled to tetjpiire the 

Official Beferees^to settle and detemiine the some by 

their Awards and their Decision shall be final? 

Recovery of AND THAT if the Persou upon whom the Pay- 

^Mycon- iitent of such Costs and* Expenses shall have Jallea 

tribator. have paid in respect of the Intierest of anotiber or 

others^ either unknown or who colild not be reaehed 

by Process of any Court c^Law or £qfu^, more than 

his own just Proportion, then^ on the Froducti0n of 

such Award, duly made, si^ed^ and sealed U ^hdU 

he lawfid for such Person tohave andcKereise against 

other Parties asainst whom audi Award shw be 

made and he is hereby entitled to the like Remedies 

to compel Payment of Money as are hereby given for 

S.102. oompdling the first Payment of sadi Costs and 

Charges of such Expenses. 

Drainage 

ofHau^. ^^ ^^^ ^OW, for the Purpose of facalitotiDg 
^^^a^ the Improvement of the Drainage of Houses, 
cordijgto BE IT ENACTED, toith regard to the Drains, 
fn.) Cesspools, and Privies to Buildings hereafter buiU^ 

so far as relates to the making thereof; 

THAT from the passing of this Act aU the Con- 
ditions, Regulations, and Directions oontamed in the 



MBTROPOUTAN B17IU>IVGS ACT. ' 67 ^?!r"^ 

Schedi^ (H.) to this Act nmexed ^lall be duly 
observed and perfonned ; 

AND THAT if any Person offend in respect F*B«iti«. 
tbeicof be skail be liable to all tbe Penalties and 
Forfeitmes by this Act imposed in respect of any s> is. is. 
Buildings either built contrary thereto, or ^thout 
due Notice to the Suireyor i9>p<Mnted in pursuance of 
this Act to inspect such BuUdings : 

MfiOVIDIS) ahraj^ with regard to such Drains, Conmniu. 
9ofmt 09 relates to the Communication thereof with smn.^ 
the Sewers under the Jurisdiction of the Commis- 
sioners of Sewer^ 

THAT unless the Reguktions of such Commis- 
sioners now or hereafter in force be repugnant to the 
Directioiis contained in such Schedule, and to the 
Extent to which such Emulations are not so repugn 
nant, t^ shall be the Duty of every Person and he is 
hereby required to make such Drains to conform to 
such Regulations ; 

AND THAT with regard to such Drains, except saTiag 
so £ur as is hereby otherwise provided, all the Bights, SoMSnk-* 
Powers, Jurisdiction, and Authority vested in any Mon«» «f 
such Commissioners shall be as vahd and effectual as *^' 
if this Act had not been passed. 

Stneisimd 

LII. AND NOW, FOR THE PURPOSE oi^^^' 
making Ph>vi8ion concerning Streets and otiier Ways thereof. 
of the Metropolis, 

Bfi IT ENACTED, wUh regard to such Streets 
and otiiei Ways hereafter formed, so far as relates' to 
securing a jiufficient Width thereof, 

THAT from the passing of this Act all the Con- 
ditions, R^ulations, and Directions contained in the 
Schedule (I.) to tins Act annexed shall be duly 
observed and performed ; 

And that %/ any Person offend in respect Peniitie.. 
tiiereof, he shall be liable to all the Penalties and 
Forfeitures by this Act imposed in respect of any 
Buildings, either built contrary thereto or without 



nui^ngt, 5g METROPOLITAN BUILDINGS ACT. 

bte thereof. 

s. laTis. due Notice to the Surveyor appointed in pursoanoe of 
this Act to inspect such Buildings. 

Occupation LIII. AND NOW, YOt THE PURPOSE of 
itoS^»*?nfit discouraging and prohibiting the Use of Buildings 
for Dweu- m^fit for DwelUugs, 

'''*' BE IT ENACTED, with regard to every Building 

of the First or Dwelling-House Class, whether already 
or hereafter built, 90 far as relates to the Occupation 
thereof, or to the Occupation of any underground 
Boom or Cellar thereof, 

THAT from and after the First Day of July, One 
Thousand Eight Hundred and Forty-six, tY skdU not be 
lawful to let separately to hire as a Dwelling any 
such Boom or Cellar not constructed according to the 
Rules specified in the Schedule (K.) to tfaos Act 
annexed, nor to occupy or suffer it to be occupied as 
such, nor to let, hire, occupy, or suffer to be oc- 
cupied any such Room or Cellar built underground 
for any Purpose (except for a Wareroom or Store- 
room); 
Penalty. AND THAT t/auy Person wilfully let or suffer to 

be occupied in manner aforesaid any undei^;round 
Cellar or Room, contrary to the Provisions of this 
Act, then, on Conviction thereof before Two Justices 
of the Peace, such Person shall be liable to forfeit for 
every Day during which such Cellar or Room shall be 
so occupied a Sum not exceeding Twenty Shillings ; 
AND one Half of such Penalty shall go to the person 
who shall sue for the same, and the other Half to the 
Poor of the Parish in which such unlawfully occupied 
Cellar or Room shall be situate ; 
Report by AND THAT on or before the First Day of Janu- 
Poor as to ary, One Thousand Eight Hundred and Forty-five, it 
JSfif "? shall he the Duty of the Overseers of the Poor and 

-3ttaation of. ..^ ._ t r^m » ■% 

Dwellings, they are hereby required to report to the Ofiidal 
Referees the Number and Situation of the Dwellings 
NotiM within their respective Parishes of which any under- 
oiiieiar ^ ground Room or Cellar shall be so occupied, 
^^^ AND THAT thereupon it shall be the Duty of 

'>ccupiera. 



METROPOLITAN BUILDINGS ACT. 69 r?^*l¥^\ 

U»e thereof. 

the Official Referees and they are hereby empowered 
to direct such Notice to be given to the Owners and 
Occupiers of such Dwellings as shall appear to such 
Official Referees to be best calculated to give to such • 
Owners or Occupiers full Knowledge of the Existence, 
Nature, and Consequences of this Enactment ; District sur- 

AND THAT it shall be the Duty of the District JgJJJe Di 
Surveyors and they are hereby required to give full recti^^s of " 
Effect to the Directions of such Official Referees in g5«i. 
this Behalf. '^^""' 

LIV. AND NOW, FOR THE PURPOSE ofBuUding. 
maldiig Provision concerning Businesses dangerous ^J^^^busi- 
in respect of Fire or Explosion, nowt u to 

BE IT ENACTED, with regard to the following ^' 
Businesses, (that is to say,) the Manufacture of Gun- 
powder or of detonating Powder, or of Matches ig- 
nitable by Friction or otherwise, or other Substances 
liable to sudden Explosion, Inflammation, or Ignition, 
or of Vitriol, or of Turpentine, or of Naphtha, or of 
Varnish, or of Fireworks, or painted Table Covers, 
and any other Manufacture dangerous on account of 
the liabihty of the Materials or Substances employed 
therein to cause sudden Fire or Explosion, 90 far aa 
relates to the Erection of Buildings in the Neighbour- 
hood of the Place where any such Business is carried 
on, and so far as relates to the carrying on of any 
such Business in the Neighbourhood of pubHc Ways 
or Buildings, 

THAT it shall not be lawful hereafter to erect any Distance 
Building of any Class nearer than Fifty Feet from [™^ ^'^''^• 
any BuUding which shall be in use for any such 
dangerous Business \ but if k Building already ex- 
isting within Fifty Feet from any such Building be 
hereafter pulled down, burnt, or destroyed by Tem- 
pest, such Building may be rebuilt ; 

AND THAT it shaU not be lawful for any Person New BusI- 
to estabUsh or newly carry on any such Business, "*■"*•• 
either in any Building or Vault or in the open Air, at 
a less Distance than Forty Feet from any public 



Bumngt, 70 MXTROPOI^ITAN BUILDINGS ACT. 

U§e thereof. 

Way, or than Fi% Feet from any other Building, or 
any vacant Ground belonging to aay other Person 
than his Landlord ; 
Prohibition AND THAT if any such Business he now cMned 
^Twenty ^^ ^ situation within such Distances, then from 
the Expiratimi of the Period of Twenty Yea« nect 
after the passing of this Act, it shall not he lawfid to 
continue to carry on such Business^ in sudi Situa- 
tions; ' ' . 
Fifty Pound. AND THAT t/any Person erect any BmldiBgin 
Penalty, and ^^^ Neighbourhood of any such Business contra^ 
this Act, then, on Conviction thereof before ^o 
Justices, he ahaU forfeit a Sum not exceeding M^ 
Pounds for every Day during which such Building 
shall so remain near to sadi dangerous Business ; or 
tf any Person estaWidi anew any such Business, «• 
oarry on any such Business contrary to this Act, 
<*««, <Mi Conviction thereof before Two Justices, such 
Person shall be liable to forfeit iix every Day durii^ 
which such Business datfdl be so carried on a Sum 
not exceeding Fifiy Pounds, as die said Justices shall 
determine, 
co.t». AND THAT it shaU be lawfid for the Justices 
also to award to the Prosecutor such Costs as sh^ 
be deemed reasonable ; 
Witrew; AND THAT if the Offender either M or rduse 
to pay such Penalty and Costs immediately after such 
Conviction, then they may be levied by Distress of 
the Goods and Chattels of the Person convicted, 
orimpriwjn- Or «/ there be no such IHstress, then such Person 
***•"' shall be committed to the Common Gaol or House of 
• Calendar, Correction for any Time not exceeding Six Months,* 
^ •'^ at the Discretion of such Justices, and that by 
Warrant under the Hands and Seals of Two or more 
Justices of the Peace. 



LV. AND NOW, FOR THE PURPOSE of 

naking Provisicm concerning Businesses offensive or 
loxious. 



METROFOUTAK BtT{L]>IN08 ACT, 71 ,?^ff^ 

BE IT £NACT£a), with regard to the Mowing 
Bsnnesses ; that is to say, 

Blood-boiIer^ SoM)*-bQ]ler, 

Bone-boiler, TaUow-melter, 

Fellmonger, Tripe-boile^, 

Slaugbtdfer of Cattle, ^eep, or Horses, 

and May odier Mke Business otiBeosive or noxioiis, so 
far as relates to the Erection of BnQditigs in the 
Ne^bouiifaood of «nj siicb Business, and so far 
as relatts to liie caRjing on df any such Bosiiess 
in die Neig^boiuhood of any publk Way, or of 
otiber Bnili&igs of the First or DweHing- House 
Ckss, 

THAT a skaU, not be iawfid hereafter to erect csy Distance 
Bmldk^ of the First or Dwelling House Ctes S^^^"^^" 
nearer to than Fifty Feet from any Building which 
dull be in use for any such offensiTe or noidous 
Business ; but ifti. Building already existing withm 
Fifty Feet be hereafter burnt, pulled down, or de- 
stroyed by Tempest, such Building may be rebuilt ; 

AND THAT U shaU not &« An^ for any Person NewBiui. 
to estsbhsh or newly canr on any si»ch B«BBiess, ''^' 
either in any Builduig or Yanlt or in die open Air, 
at a less Dbtance than Focty Feet ham any public 
Way, or than F^ Feet frcmi any other such Build- 
ings of the First car DweUing-Honse Class ; 

AND THAT t^any such Bosmess be nowcarried Prohibition 
on in any Situation within sudi Distances, thefiy from YmP'^ 
the EaqniBticm of the Period of Hiirty Years mxt 
after the passing of this Act, it sh<dl cease to be iamftd 
to continne to carry on such Busdness in sudi Situa- 
tion, save as is herein-«fter provided ; 

AND THAT ifimj Person erect any Building in Rfty Pounds 
the Neighbourhood of any such Business contrary to c^!'' "** 
this Act, then, on Conviction thereof before Two 
Justices, he ^aii forfeit a Sum not exceeding Fifty 
Pomods for every Day during which such Building 
diali i«main near to such offensive or noxious Busi- 
ness ; or tfmy Person establish anew any sudi Busi- 



BuiUingt, 72 METROPOLITAN BUILDINGS ACT. 

Vm thereof. 

ness, or cany on any such Business contrflry to this 
Act, then, on Conyiction thereof hefore Two Justices, 
such Person is hereby made liable to forfeit for every 
Day during which such Business shall he carried on, 
a Sum not exceeding Fifty Pounds, as the said Justijoes 
shall determine, 

AND THAT it shall be lawful for the Justices also 
to award, to the Prosecutor such Costs as shall he 
deemed reasonable ; 
Si^ion ^^^ THAT if the Offender either fail or refuse 
men?.^"***" to pay such Penalty and Costs immediately after 
such Conviction, then they may he levied hy Distress 
of the Goods and Chattels of the Person convicted ; 
or if there be no such Distress, then such Person 
shall be committed to the Common Gaol or House of 
* Calendar, Correction for any Time not exceeding Six Months,* 
^' ^' at the Discretion of such Justices, and that by War- 

rant under the Hands and Seals of Two or more Jus- 
tices of the Peace. 

TTje Penalty LVI. PROVIDED always, AND BE IT EN- 
before im- ACTED, with regard to any such offensive or noxious 
posed to be Busiucss, whcthcr such Business be now carried on 

eniOTceable . — ^, i ti 

only at a at a Icss Distancc than Forty Feet from any pubuc 

sSm. ^^7> ^^ ^^^^^ ^^^ ^^^* ^^^^ ^7 ^*^®' Building, or 
be hereafter carried on at a greater Distance, yet so 
as to cause Danger or Annoyance, so far as relates to 
the Mitigation of any Penalty or Punishment for 
unlawfully carrying on thereof, 

THAT every such Penalty herein-before imposed 
shall be enforceable only at a Special Sessions of the 
Peace summoned for that Purpose, or on an Appeal, 
as herein-after provided, or on a Trial, as herein- 
after provided ; 
Use of ^ AND THAT, notwithstanding the said Term of 
mSJat? Thirty Years shall have expired, «/any Partjr charged 
STusu"*" with canying <m such Business show that in carry- 
ing on such Business all the Means then known to be 
available for mitigating the Effect of such Business 
in any such respect haive been adopted, then it shall 



METROPOLITAN BUILDINGS ACT. 73 ^J^J^JJL 

be lawfid for sdch Justices to receiye Eyidence thereof, 
and according to such Evidence to mitigate the 
Peoahy as to them shall seem fit : 

PROVIDED further, with regard to such offensive Adoption of 
or noxious Business, 90 far as relates to the Adop- mSg^te 
tion of Means to ndtieate the injurious Effects thereof, ^F ^°- 
THAT, notwithstanding the said Period of Thirty '^' 
Yean shall have expired, if it shall appear to the 
Justices, whether at Petty Sessions as aforesaid, or 
on Appeal, or on Trial hy Jury, as herein-after pro- 
vided, that the Party carrying on any such Business 
shall have made due Endeavours to carry on the 
same with a view to mitigate, so fox as possible, 
the Effects of such Business, then, although he hath 
not adopted all or the best Means available for the 
Purpose, yet it ehaU be lawfid for such Justices as- 
sembled and they are hereby empowered to suspend 
the Execution of their Order or Determination, upon 
Condition that within a reasonable Time, to be named, 
the Party convicted do adopt such other or better 
Means as to the said Justices shall seem fit, or before 
passing final Sentence, and without consulting the Pro- 
secutor, to make such Order touching the carrying on 
of such Business as shall be by the said Court thought 
expedient for preventing the Nuisance in foture : 

PROVIDED always, THAT if the Matter in re- Mitigation 
spect of which such Penalty shall be incurred come St supcnor 
before any Superior Court, it shaU be lawful for such couru. 
Court, to exercise such Power of mitigating such 
Penalty, or of suspending the Execution of any Judg- 
ment, Order, or Determination in the Matter, or to 
make such Order touching the carrying on of such 
Business, as to the Court shall seem fit in the Case. 

LVII* AND BE IT ENACTED, mth regard /a conviction 
any Business offensive, noxious, or dangerous, and "^J^^^P^Sn 
with regard to any Building erected or continued Trades not 
within any such Distance as aforesaid from any such •p**'**^- 
Business dangerous, noxious, or offensive, 90 far a» 
relates to a Conviction in respect of any such Busi- 
ness, and to an Appeal from such Conviction, THAT 



Uae 



74 iirrROPOUTAN bcildibtos act. 



S. 2. 



tf any Person be duBatisfied nilli the 2>edaum vS 
^^' snch Justices, AND if, vithin Four Days after snch 
Decision, Notice be gran to the Party «py!paMayiiaiit» 
by or on Behitf of smdi Person^ cf lus Latenlkni to 
appeal, and if be enter asto a Beoogmaoatt^ intb 
Two sufficient Securities, ooaditkiied to lay sodi 
Appeal, and to abide the Order of tike Couit, ind 
pay to the Pwty appealed i^ainst such Coats ^ 
any) as shall be awamed against him, then ii idtaU 
be Umcfid for sudi Ptrty so dissatisfied to anpeal 
agaiast snch Conidction to the Justices of the Peace 
Sessions, at thdr General Quarter Sessions oi the Peace to be 
* Calendar, holdeu withiu FooT McMiths* after suc^ OmridaoBB 
fiu* the Place in whidi sx^ IVendses shall be sitoaie; 
AND THAT t/the Presuises be jsituate inthin the 
City of London and liberties tiiereof, then the Ap- 
peal nmst be to the Quarter Sessions thereof, or if 
the Premises be situate in the Counties of lifidcfta- 
sex, Kaot, ^r Surrey* or in the City;Bnd libertiaa of 
Westminst», «r in the liberties of Her Migesty's 
Tower cfLoiKikKD, iU^ to the Quarter Sessions theneof 
respectively, «s the Ca» shall be ; 
Proceed. AND THAT ^witUn the aboTe-meotioaed Pttiod 
such Appelant shall hsTie enti»«d into snch Aeaw- 
nizance as herein required, and if within One Mooai 
thereafter he gi^e Notice of the Grounds of sach 
Appeal, theji^ it 4haU be iawjkd for soch Jmtioas and 
tli^y are hereby eiopowened to proceed b) hear and 
examine on Oath into <l)e Causes and Matters of audi 
Appeal (which Oath they are beidiy empowered to 
administer), und todetenaine the same, andto awand 
such Costs to be paid by the said duties as tibey 
think prq>er ; AND the Order, Judgment, and De- 
termination of the said Justices in their respective 
Sessions sJUdl be binding and conchisive upon all 
Parties. 

-•iby LVIIL PBOVIDED always, AND BE IT 

'r Sea- ENACTED, THAT if befiare Conviction by Tw> 

such Justices the P«rt7 oomplained against ^tm to 

have the Matter tried by a Jury, and enter into a 



»ng» 



lUCXSOPOUTAN BUILDINGS ACT. 75 ffjg ^ 

BeoogDinBoe to try bocIi Matter withimt Delay, and 
to pay all Costs ofTiial if a Verdict be foand against 
him, then such Matter maybe tried at the next pram 
ticable Coort ci Qnarter SessioiiBy or wbensoeyer the 
Court shall appoiiit ; 

AND THAT thereupon, or on the ApplicatioiL of tain»iiig 
such Party, it shaU he fai^/for the said ONfft of '^'''"^ 
Quarts Scions aad they aie hereby authorised and 
required to issue thdr Warraiit or Pvec^ to the 
Sheriff or other proper Officer (as the Case may be), 
requiring him to return a competent Ncunber cf Pier- 
sons qualified to senre on Juries according to the 
Proviaons of an Act made in the Sixth Year ^ the 
Reign of His late Mmesty King Geoige the Fourth, 66.4. c. so. 
"for consolidating and amending the Laws rdati^ 
to Jurors and Juries ;" 

AND TBAT U skaU he law/ul for the said Court witeoM.. 
of Quarter Sessions and they are herd>y authorized 
and empowered, by Precept, from Time to Time as 
Occasion may require, to i»ll before them respectiy^ 
every Person who shall be thought proper or neees- 
sary to be examined as a Witness before them on 
Oath ooncermng the Premises ; 

AND THAT t/the said Court think fit, •/ jAaff 4e ^^rf«»« 
lawful for them and they are hereby empowered to 
authorize the said Jury to view the j^laoe in question 
in such Manner as they shall direct, and to command 
the Attendance of such Jury, and of all such Wit* 
nesses and Parties as shall be necessary or proper, 
until such Affidrs for which they are summoned snail 
be concluded; 

AND THAT the said Jury shall inquire and tiy, verdiet«f 
and determine by their Verdict, whether the Business ^^' 
in question be offensive or noxious, and whether the 
Party in question have dcme any Act whereby the 
Penalty hereby imposed ui respect thereof has been 
incurred; 

AND THAT, subject to the Power herein-before ^J^IJJ^*^ 
conferred of mitigating such Penalty, or suspending vSSuct;**** 
their Judgment, Order, or Determination thereon, or 



Bvm»g8, 75 METROPOLITAN BUILDINGS ACT.. 

Uw thereof. 

making such Order touching the carrying on of the 

Business aforesaid, the said Court of Quarter Sessions 

9haU give Judgment according to such Verdilet, uid 

shall award the Penalty (if any) incurred hy the 

Defendant, and shall and may (if they see fit) award 

■ to either of the Parties such Costs as they may deem 

andjude- reasoiuthle ; which Verdict, and the Judgment, 

blading. Award, Order, or Determination thereupon, sludl be 

binding and conclusive. 

Aiipeidsto LIX. AND BE IT ENACTED, with regard to 

SoSTfor^**' wiy Appeal in respect of a Conviction for carrying on 

Surrey and any sucn dangcrous, offensive, or noxious Business, 

so far as relates to the Place where such Appeal is to 

be heard, 

THAT if the Appeal be to the General Quarter 
Sessions of the Peace for the County of Surrey or 
the County of Kent, then the Jury (if any) to be 
impannelled in pursuance of this Act, and all Parties 
required to attend the Quarter Sessions for the said 
Counties pursuant to such AppUcation, shall be im- 
pannelled and required to attend at some general or 
special Adjournment of the said Quarter Sessions to 
be held within Six Weeks next after the original 
Sessions ; 
To^wn. AND THAT if the Matter relate to the County of 
wark? Surrey, then such Adjournment shall be to some con- 
venient Place in the Borough of Southwark in the 
said County ; 
To Sessions AND THAT »/the Matter relate to the County of 
■AGreen- j^g^^^ ^^^ g^.^^ Adjournment shall be to some conve- 
nient Place in the Borough of Greenwich in the said 
County; AND such Times and Places shall be ap- 
pointed by the Justices of the said Counties respect- 
ively assembled at such original Sessions ; 
mSS? ^^^ THAT from Time to Time eveiy further 

"***" Meeting of the said Sessions, for any thing to be 
done upon such Application, shall be appointed at 
or within the Space of Three Weeks from the last 
Meeting ; 



METROPOLITAN BUILDINGS ACT. 11 ,f~*!?*^' 

Vn thereftf. 

AND THAT from Time to Time it shall be lawful ka^. 
for the Justices of the Peace for the said Counties of °^°**- 
Surrey and Kent respectively and they respectively 
are hereby empowered and required to make such 
Adjournment and hold such Sessions as there shall be 
Occasion. 

LX. PROVIDED always, AND BE IT DE- ^^3 
GLARED, with regard to any Business which is statutory 
contrary to any existing Act of Parliament, or other- ^"i^Brted. 
wise contrary to Law, aafar as relates to the Operar 
tion of this Act in that Behalf, 

THAT, notwithstanding any thing in this Act con- 
tained, this Act shall not be deemed to authorize any 
Person to cany on any such Business either within 
such Limits or otherwise, or any Business which it 
is unlawful to carry on within any Limits or in any 
Manner .contrary to any pubhc, local, or private Act 
of Parliament, or otherwise contrary to Law ; nor 
to affect, abridge, or restrain the Rigl)t, the Duty, or 
the Power of any Person, whether private Person or 
pubUc Officer, to prosecute, either civilly or criminally, 
any Person who shail carry on within the Limits of 
this Act any offensive, noxious, or dangerous Business. 

LXI. AND further, for the Regulation or Removal Regulation 
of any offensive, noxious, or dangerous Business now S tSm*^ 
carried on, ^mcd 

BE IT ENACTED, with regard to any such Busi- by'pSSSie. 
ness, so far as relates to the Purchase thereof, or of 
the Premises wherein it shall be carried on, 

THAT if Two Thirds in Nimiber of the inhabitant Memorial to 
Householders of any Parish* in which such Business SJScu" 
shall be carried on present a Memorial to Her Majesty • s. a. 
in Council, stating the Existence of such offensive, 
noxious, or dangerous Business in such Parish or the 
Neighbourhood thereof, and praying the Removal of 
such Business therefrom, and thereby engaging to * 

provide Compensation to the Persons carrying on the 
same^ either at the Expense of the Memoridists, or 
by means of a Rate to be levied on the Inhabitants 



Um thereof. '^ 



MXTROPOLITAN BlTlLBINGS ACT. 



Order fof 
Removal. 



Q^ the fluid Faiisli, or sueh Part th««of as may be 
affected by sueh Business, then it shall be hnt^ for 
Her Majesty to refer the Miitter to the Lords of the 
Comimttee of Privy CouncS for Trade to consider the 
Character of sueh Basineas, whether it he offensive, 
noxious, or dangerous ; 

AND tf it appear to be so, and that there are no 
Means of rendering it otherwise by the Adoption of 
Methods available, without unreasonable Sacrifice on 
the Pbrt of the Person by whcnn it is carried on, then 
it dudl he laiofUl for Her Majesty, by Ord^r in 
Council, to direct that the Removal of such Business 
may be purchased, either at the Expense of the 
Memoriahsts or by means of a Bate as aforesaid, as 
to Her Majesty shall seem fit, and also to direct the 
Sheriff of the County or other proper Person in the 
Parish or Liberty in which such Business is carried 
on to summon a Jury, aeccMrding to the Provisions of 
an Act made and passed in the Fourth Year of the 
Eeign of Her present Majesty, intituled *' An Act to 
enable Her Majesty's Commissioners of Woods to 
make a new Street from Coventry Street to Long 
Acre, and for other Improvements in the Metropolis, 
to determine what Compensation shall be paid to the 
Party carrying on such Business for the Removal 
thereof, and to the Owner and Occupier of the Pre- 
mises for the Restriction of the Use of his Build- 
ings for such Purpose ; 
^^^ AND THAT if within Tlree Months after the 

wchi^es Verdict of such Jury shall be given, and Judgment 
after Pur- thercou, the Inhabitants of such Parish or Neighbour- 
hood pay or tender such Compensation, then within 
"Hiree Months from the Payment or Tender of such 
Compensation it shall cease to be lawful for the Party 
carrying on such' Business to continue the same, and 
for any Owner or Occupier thereof either to carry on 
or to permit to be carried on such Business in the 
same or any Part of the same Premises. 

LXII. AND BE rr ENACTED, with regard to 



GompciiMt* 
tion. 



4 & 5 Vict. 
CIS. 



Uiilttwfelto 
continue 



UETROFOLITAN BUILDINGS ACT. 7^ ^tt2&. 

the Fbnds far defiuyii^ such Compensatieii, 9o far 
a^rd(gte9 to the raking thereof, 

THAT t/^Her Mi^esty shall by such Order direct 
the Gompensation to be paid by means of a Hate, 
then it shall be lawful for the Overseers of the Parish 
to raise such Sum as shall be necessary, either as a 
separate Rate in the Nature of Voots* Kate, or as 
Fart of the Poors' Rate, on the Inhabitants at large 
of floeh Parish; 

QEL if in pursuance of the Memorial oi the Inhabit- 
ants of such Part of the said Parish as shall be 
affected by the said Business it be appointed by such 
Order in Council that such last-mentioned Inhabitants 
do defray such Compensation^ then it shall be lawfvl 
fat tiie said Overseers to raise such Sum as shall be 
necessary for that Purpose ; 

AND^ THAT if such Rate be so levied either on Levy of 
the Inhabitants at large of such Parish, or on the ^^' 
Inhabitants of such Part thereof as aforesaid, then 
such Rate may be levied and recovered as Poors' 
Bates' are leviable and recoverable. 

LXIII. raOVIDED always, AND BE IT Exemption 
ENACTED, with regard to pubhc Gas Works and ^^ij^,. 
other Works heretofore established within the Limita 
ijf this Aet, 90 far as relates to the Operation of the 
Pttivffiions of' this Act in reference to Businesses dan- 
gerous in respect of Fire or Explosion^ or ofPensive or 



THAT such Provisions shall not be deemed to 
a^^ly to any such public Gas Works, 

AJ^D THAT i^by any Act of Parliament now Extension 
-in fo^oe relating to Gas Companies to which such Son of**^^' 
Woifcs belong, any Extension bf such Works, orWork.. 
any additional Works, or any other Works, be autho- 
rized to be erected or substituted, then such Provi- 
sions shall not be deemed to apply to any such 
Extension, Addition, or Substitution, within the 
linnts of the District now lighted from such first- 
mentioned Works ; 



UK^tSaSof, ®^ METROPOLITAN BUILDINGS ACT. 

DutiUeriet. AND THAT such ProTisions shaU not be deemed 
to apply to any Premises entered or used for the 
Purpose of Distillation or the Rectification of Spirits 
under the Survey of the Commissioners of Excise or 
their Officers. 

SuntgorSf 

^^ LXIV. AND NOW, FOR THE PURPOSE of 

^^«' dividing the District to which this Act is to i^ply 

Appoint, into several smaQer Districts, for the convenient 

i^tricte. Execution therein of this Act, and for appointing 

competent Surveyors for superintending the same in 

each such District, and for regulating the Duties of 

their Office, 

BE IT ENACTED, with regard to such Districts, 
90 far as relates to the Appointment and Alteration 
thereof, 

THAT at any Time after this Act shall come into 
operation, and from Time to Time, it shall be lawfid 
for the Lord Mayor and Aldermen of the City of 
London, with reference to the City of London and 
the Liberties thereof, and for the Justices of the 
Peace for the Countr of Middlesex, the County of 
Surrey, the Comity of Kent, the City and Liberties of 
Westminster, and the Liberty of Her Majesty's 
Tower of London, in their General Quarter Sessions 
respectively, or any Adjournment thereof, with refer- 
ence to their respective Counties, City, and Liber^MCS, 
and they respectively are hereby empowered, but 
SUBJECT, NEVERTHELESS, to the Couseut of One of 
Her Majesty's Principal Secretaries of State, to appoint 
the Districts to which the respective Places within 
their Jurisdiction shall belong for the Purposes of 
this Act, and to unite, enlarge, and alter such Dis- 
tricts for the more convenient Distribution of the 
Business. . 

Appoint- LXV. AND BE IT ENACTED, with regard to 

siu^eyon. the Surveyors to be assigned to such Districts for 

the Purposes of this Act, so far as relates to their 

Appointment, 



TfiAT aft imy Tuvb ttMr ufis Act wnu cmnc int^ 
operatioii» and from Tniii to Time, «f ^^a/Z ^ ioa^ 
>; Ibr tiife teia LoM Mhyer wd AI<leMtito of the 
&t^ yf i^itA(K^ irilAk l%ftfenDB to iSke City of iMtidoii 
and Hie Liberties tkereb^ md for liie Bsid ^tetices 
of the FMte Hi tfaeir Cterowd QaaA»r (Sesmbs re- 
spoiJkvefy^ "Oir asji AujiHmnneiic tnefeoF^ witH rbfe* 
renoe to their respectiye Comities, and they are 
her^lfy^ iU|BHd^ B%T 4xj%ifitcTi ^rKvUiiTA^iM^ to 
the Cods^ ef Oile of fier Majest/s Ptindpal Secret 
taffies 'of Btkte^ to nofeainste and nf^dkit vb {(ftrveyor^ 
sQ^ ind so kaBBf disfereet Persons^ of <ixe fkdi A^ ctf 
Thiriy Teor^ tiA pfopeil^ educated ind fibfioi in 
the .^1 and Ffaddoe «f Bnfldiiig) as tiat!^ the bsmI 
Lord Ma^driterd Aldo^eKiBiid ^e sidd Justices tSsAl 
think fiti 

LXVI. AND BE IT ENAGTEO, «<t* i»«^frf to ^^^ 
flftiili 8firve|yOi's to hb y&reaftef appoiof^d totdfer this tions of 
Adt, ^^stept present IHstiwt Surreyors li^pointed to 8o»v«y«»- 
new DistiictSy m^ feir as TelMek h the eusmtA^ the 
Possesion c)f ckaie aoiti&lifle sod fffnteHAM QiiaSfica^ 
tions, 

TBAT tif 8kaM he UiiJIil T(k the G6i<iihisn6iie^ of 
Works and BftdlcUiigft Mi tkey '«l<e inreby empot^ered 
to appoint Three or more Architects, Survnyors, of 
Bo^^, to exandne, tc%itiker \vifli the sisid Official Examinen. 
Be^cies/ fwy Persoiis vAb nili^^ present themselves' 
to be examined fer the Pofvose (^ obtsHiiilgii Certr-' 
fieate dP QuaMoatiiQti, trim the rt&k 'of becoming 
Candidates for the Office of Surveyors of Metropcditan 
Buildings of any District within the Limits of this 
Act; ^^ 

AND THAT ftrr that P»i^)OSe ft igkaM he tmrful Examinen 
for such Examiners from Time to Time to appeist r^J^*^^^ 
sndi Tittieiai to t*teih BrfSaty 'se^m -fit, acid from Time 
to Time to prescribe such Course of fixaoftdnKtioii 4» 
to them may «eem "^ and td milke ^y eK^er Edes 
for the Hegulatic^B of Suoh Bxamneationy aiid the 
granting of Gertificatefir m rei^et ^Sietest^ii stJBffiscT, 



District Q2 METROPOLITAN BUILDINGS ACT. 

Surwyort. 

NEVERTHELESS, to £he AppTOval of the Commis- 
sioners of Works and Builduigs ; 

AND THAT when such Rules shall have been 
registered by the Registrar of Metropohtan Buildings 
they shall continue to be in force until they shall be 
amended, altered, or rescinded by other Rules to be 
made by such Examiners and so registered as afore- 
said; 
Piwiuction AND THAT unless. One Week before the Elec- 
clte^of Exa- tion of a Surveyor for any District created by this 
mination. ^ct, or for any District in respect of which the Office 
of Surveyor may become vacant, there be produced 
by or on the Part of any Person being Candidate for 
the said Office, a Certificate of such Examiners, cer- 
tifying that he has been examined, and that he was 
thereby found to be duly qualified for such Office, to 
the Town Clerk of the City of London, or to the Clerk 
of the Peace for the County, City, or Liberty, it shall 
not be lawful for any Justices by this Act empowered 
to appoint Surveyors to appoint such Person to be 
such Surveyor, and that if such Person be so ap- 
pointed his Election to such Office shall be void. 

Tenure of LXVII. AND BE IT ENACTED, with regard to 
^®^^ such Surveyors, so far as relates to the Tenure of 
their Office, 

THAT it shall be lawful for every such Surveyor 
and he is hereby entitled to hold such his Office of 
Surveyor during the Pleasure only of the said Lord 
Mayor and Aldermen and of the said Justices re- 
spectively. 

Functions LXVIII. AND BE IT ENACTED, with regard 
generaUy. ^^ g^^j^ Surveyors, SO far as relates to their Func- 
tions generally, 

THAT it shall be the Duty of every such Surveyor 
and he is hereby required — 
To see that all the Rules and Directions of the 
Act are well and truly observed in and through- 
out his District ; and for that Purpose, 



METROPOUTAN BUILDINGS ACTi 83 J^^^^^ 

To proceed fitmi Time to Tiriie, in due Cotine, 
upon the Beceq>t of may Notice, or if from Ig- 
nonmoe or Ne^ect, or from any other Circom- 
stance. Notice of any Work intended to be done 
hare not been giTen, then opon sodi Work 
being obaerred by or being made known to him, 
to inspect iiie Woiks intended to be done, or 
which shaU hwe been commenced, and to cause 
all the Roles and Directions of Uiis Act in re- 
spect thereof to be strictlj observed; and also 

To attend and perform eveiy thing required of him 
by this Act, whether with or without Notice ; 
and also 

To inspect ruinous Buildings and Projections in 
danger, at all Times when needful, and to take 
an necessary Measures thereupon ; and also 

To survey all Buildings built, rebuilt, enlarged, or 
altered by or under the Superintendence of a 
District Surveyor within' any other District to 
which he shall be appointed by the Official Re- 
ferees for that Purpose ; and also 

To cause a Book for registering all Notices, In- 
formations, and Complaints to be at all Times 
kept at his Office, and to enter in such Book 
every Notice, Information, or Complaint which 
shall be delivered or made to him, and any Pro- 
ceeding thereon by him taken. 

LXIX. AND BE IT ENACTED, toith regard to Dimpudifi- 
such Surveyors, so far as relates to thqjr IHsquali- ******"■• 
fications, 

THAT during the Time that any such Person shall 
act as a Justice of the Peace for the County in which 
his District shall be situated, it shaU not he lawful for ^ot to act 
him and he is hereby disqualified £rom holding the Spei^?^ 
Office of a Surveyor or of Deputy or an Assistant 
Surveyor for any District under this Act. 

Contumance 
ofpreaent 

LXX. AND BE IT ENACTED, with regard to f^"S^^ 



94 VSTBOIVBITAJt BVtXBtMft l€fl 



^ff Qt&vejan wbo at tfle TiiAe «f Jiii» Aei ixftmig 
into op^rihon afaitt hsni wm inpiniifNl ttraRr the 
Aet of the Fomtraidi Ttar of tte Hedges ntf King 
Gcdrge ^6 Thbd, Blie&tioiioi « tie ScMhde (A.) 
hereto atnexed^ wyht' 4to #«#«ei« «»tliel^ CoMtiMttDce 
in Offi^Sy mdl the ApplicSKtieii o* uidft i^t% t5 tnem, 

THAT mta dKf alMdl he wmm^d H OM b4 lam- 
fiA fer then tidd thejr tat \ugrk\ff ttttided Co #kmtinne 
to be the SeirVByors for the Fi]^pd8«s of thi» A«j|, and 
for Ite Diatficts asaigMii t/b theHi M the TlAie this 
snbjectto Act shaU D(»Be itito ^iM^MR, iic^ «ii6^ to iSkch 
this Act. Alteration of sueh Districts an niay he tiade b j virtae 
of any Power in that Behalf, and to act inyi lespects 
as if they had been appoiiited nnder this Act ^ 

ANDTHAI* every Provision in this Act appficable 
to District Sorveyors, 90 far as relates to the Exer- 
cise of the Office of Surveyor, and to their RemmMura- 
'iHoH in that Behalf, shafl itppfy to them. 

Decuntion LXXl. AND BE IT ENACTED^ with rspard to 

RdStyf every Surveyor hereafter appointed, so fUr as relates 

to making a Declaration of official Fidelity, 

Tfl AT before any such Surveyor shaill act in pur- 
sndnce of this Act, it shall be his Duty and he is 
hereby required to make a Declaratioti of official 
lidehtt, which must be admiftistered by the said 
Loi'd Mayor and Aldermen in their Court of Alder- 
men, or by the said Justices bf the Peice in their re- 
spective General Quarter Sessions^ and must be in 
fte Form or to the Effect foUotdfig ; that is to say, 

" J A,B,, being One of the Surveyors appoidt6d iil 
^ pnrsaanee of mi Aet maidd atfd ptissad^ ia the 
'' Eigh^ Yest d'lto Reigtt of Bet M«|«fetty Qu^d 
« yfctoria, intitided ' An Aetfm ifSgutatim the Cki^ 
" struetion amd the Xhe of Bu&s^s in' the M^fr^ 
*^ poUs knd its Ni^^Aiboufhodd,* md cmkvttofi^ '«ldfedd 
" <The Me«rQt>Qii«an Baaldnnjii Act,' ^ Mesajh^ 
'* declare. That I will diligentfy, faithfully, and im- 
' {Mnrtiatty]^€Tfo^theBtttiesofn^Offioe»a^ 



^' fitaofii of mjF Pover, Skill, and Abilitj ettdeftcour 
" to prase ike ^evenl Prariaioos of tkeanid Act to ko 
*' stnedyobseiv^ Kid thai vkhontF^^ 
^* tioOf Avj^dk^ cur Malice, to ai^ Peison wkoin- 

AKDTHAT (f before mddiig sadi Dedaration anjr i^^';^ 
such Purveyor act bi jraistiance^ ot this Act, ^Am on DtdmJtixM 
Conviction tkereof he 9kali be Uahle to pay, for evefv "■*^* 
Say dumg which he shafl so act befi^e making such 
0ecJanti<», the Snia of Fire Founds. 

LXXII. AND Pfi IT SNACTfiD, tinih regard to JWf » 
^ 99l^hjm. Mfwtiu pdiUfti U Ao Beguktioii of ^^^ 
tb$ir offi^ Dgii^ 

TBAT a 9kM h$ ikf Ikitu rf cvety aorreyor for o«c«i in 
t)if C% of Uiidfm and tha ][A«ti6a tkmof, and ^ 
19 )bi^?eky requuprd* to hare p Ottoa at his ornn £xt 
pense, in such public Situation as shall be ^ppioTed 
W Hj^ Lofi MaycbPi^d Aldenmm; 

MO TSAT i^ Ma0 ^e ^ Z^fy df orepjr <»ther in other 
SlHrv^f^ m4 ktia lier4»y wqwed to have n^ Qffica ^*"*^''- 
at his own Expense, in some .cental P^ of the Sis^ 
trict to which he shall be appointed as shall be ap- 
]«av«d k^ ifae JustliMs of the Paace in Qiiaiter 9es- 
ajoqs vitxiiB whose J^bris^daoxL he ahaU aat ; 

AND THAT it shall be the Duty of evisry such Atteiid«u». 
(srv^w and b» 19 heneky vpspoMA, ^ himsefr or by 
aeioe ofhar ParBoa m his {khalf, to attend at hia 
Dffioe every Bay {Sundays, Christmas Day, and 
Qf»d Friday cxo^pied), from Tpsk of the Cbok in the 
Idoniing tiU Fqv of the Cleek in the Afteknoon ; 

AND THAT' iaimediatoly upon his Appointment, g^^ 
and (iWi Time to Time, iipon eveiy Change of ^ jto?de^. 
Setoden^ ojr of kis Pkoe of Business, or bftener, if 
loquired, ii duM h$ ike Dufy of eveiy Surveyor and 
be is bei^y required to make a Betuni to the R^strai* 
ef Metjropoiilah Bufldings, and to the Overseers of 
^ Poor of ev£iy Parish or Place within his IHstrict, 
ot ^s Name and Pkee of Abode, and the Pkiee 
where such Office s{iall ^ 



sSn^*t 86 IfOTROPOLITAN BVILBIN68 ACT. 

sarv'^r LXXIII. AND BE IT ENACTED, with regard 
pro tempore. ^^ g^^j^ SuTveyor, SO far OM relates to the Appoint- 
ment of a Deputy or Substitute in certain Cases, 

THAT if any Surveyor shall he prevented by 
Illness or any other imavoidable Circumstances from 
attending to the Duties of his Office, then forthwith 
it shall he his Duty and he is hereby required, but 
subject to the previous Consent and Approval of the 
Official Referees, to appoint some other Surveyor, 
duly qualified as aforesaid, as his Deputy to perform 
all such his Duties for so long a Time as he shall be 
so prevented from executing them ; 
Duty of AND TEL^T thereupon during such Time as 

^^°*^' aforesaid, it shall be the Duty of such Deputy Sur- 
veyor and he is hereby required to perform all the 
Duties of such Surveyor, and that in fdl respects as if 
he were the Surveyor appointed or confirmed undet 
this Act ; 
Fee*. AND THAT it shall he lawful for such Deputy 

Surveyor and he is hereby entitled to receive the 
Fees payable in respect of the Services so performed 
by him in such District. ' 



LXXIV. AND BE IT ENACTED, with regard 
to such Surveyors, so far as relates to the ffilii^ up 
of Vacancies, 

THAT if any Vacancy shall happen through the 
Death or Kemoval of any Surveyor, then, withm One 
Month thereafter, it shall he the Duty of the Lord 
Mayor and Aldermen, or of the Justices of the Peace 
in General Quarter Sessions or any Adjournment 
thereof, as aforesaid, and they are hereby respectively 
required, to appoint a Successor as herein directed ; 
2^^^ AND THAT in the meantune it shall be lawful 
"****' for the Official Referees to direct the Surveyor of any 
One or more of the other Districts to perform the 
Duties of Surveyor for the vacant Distnct, or if no 
District Surveyor can be spared from his own District, 
to appoint some other competent Person duly quali* 
fied as aforesaid for that Purpose ; 



MSTROPOLITAN BVILDINOS ACT. 87 J>fM^ 

AND THAT every such Surveyor is hereby «i- p«e«lJw 
titled to receive the Fees pa^rable in respect of the s«rvice«. 
Services so performed by him in such vacant District. 

LXXV. AND BE IT ENACTED, with regard to Regulation 
the Surveyors, sofaraa relates to the Regulation of ^'®^*"*'' 
their Busmess, 

THAT if it shall appear to the Official Referees 
that the JJistrict appomted for any Surveyor is too 
extensive for the prompt Discharge of his Functions, 
then it shall be their Duty to represent such their 
Opinion to the Lord Mayor and Aldermen of the 
City of London, or to the Justices of the Peace with 
vrhom the Appointment of a Surveyor for that District 
may rest, and for that purpose to transmit with their 
Letter of Representation a Transcript of their " Re- 
gister of Notices," with the Results ; 

AND THAT if at any Time it appear to such ^^^^ 
Official Referees that on account of the Pressure of ""*y**"' 
Business in any District, or on any other account, the 
Surveyor of that District cannot discharge his Duties 
promptly as regards the Builders and others engaged 
m Bmlding Operations, and efficiently as regards the 
Purposes of this Act, then it shall be lawful for such 
Official Referees and they are hereby empowered to 
appoint any other Distnct Surveyor to assist the 
Surveyor of such District in the Performance of his 
Duties, or if no District Surveyor can be spared from 
his own District, then to appoint some other com- 
petent Person to give such Assistance ; 

AND THAT with regard to all Buildings surveyed Duties of 
by such Assistant Surveyor, and all other Acts done ^■^**°'*' 
by him, it shall be the Duty of such Assistant Sur- 
veyor to make Returns and to act in all respects as if 
he had been appointed by the said Lord Mayor and 
Aldermen, or by the said Justices, to be the Surveyor 
of such District ; 

AND THAT every such Person sh(Ul be entitled Peo. 
to receive the Fees payable in respect of the Services 
80 performed by him. 



^^j^ 98 jvswiuiBauTAif mi'iusmoft act. 

sap;^;;^». LXXVI. ANP BS it mMyrSSK imU ve^ard 
stSS^yf rs. ^A ^^^ fiiunrey'ars^ 4p ;%n 4ft f*datm fo. the Sii^pei^ 
iwoa of BuiMings built* i»bnil|« 0id«iged, 0» xiteHd 
by or under their professional Superintenaence, 

TfiAT tV «Aa^^ iia# be lawful for my miek Sur- 
veyor to surrey any suck BuMdhig Ibr the Puippsfs 
of this Act^ BUT THAT such Building must be fur- 
Teyed by mother Distript Surveyor, or by another 
Surveyor to be appointed i^ the Official Referees f^ 
th%t P|irpose. 

surreyon' LXXVJI, AND BE IT ^NACTED, iw^A re^g^ 
^***' to suQb Surveyors^ ^^fw ^ ^^f<^tf9 fP th^i? R^WJP?- 
ration^ 

THAT vfo^ the jEl^apufa^ ^ Qn^ J<[o»itl^ #er 
the Roof of any ^4^^ f W^pd an4 9W^P7«4 TO^T 
^hi^ 4pt ^li^ )^Te b^en ^yfurcd iiv> V|d a)l the 
Waja^ tb^eof iiay^ ^^^ V^t ^ ^1^^ ^ Qf^jg^ 
anfl th^ ptr«i9ip«l TiD|%s^ ^4 ^Pto?|s %W 1^*^? p^n* 
fee4 in tb^ir piacft?^ j^VM ^?P?? % fep^F^JW P^ 
fourteen p^^^ ftjter ^hjB gflpapjf tif^ of f^piy M^itW^ 
Alter^Uoju ^d |uep^, aj^b^ j^q» tl^e jS^pira^ ^f 
j^owi^fsa JQf^9 #<% f»«h f^j^^pi^ ^mm sfeafl ijfti* 
feeen perfori^^d, ^|if| y|!0|{ fjfe^verij^ tf> the Owiji^ 
pf thp Ruil4ipg f^ Ai?^ii«^ 9f tJie f^ hV5Wr^4i 4«» 

and ^Hynam^, an4 §^iflg t^ie 4pW>W^ P^ 9^1^ A?- 
coimt, §fi4 tfee V^rk 4flfte, tY ^o// kf l(viffid fojr |hi& 
Surveyor and he yk \fm^l «titl^4 tQ lecfj^ve |rop ^^ 
9uild^. oir frftm % QwB^ or f^m t^ 0«HjPI«r o^ 
Jhe Bi^chng, ^ feii^ Xynf ^d Tw^yfe «i^4 ^jt^n^ 
ifl fiamiiig the E\d^s* ^««»la^^ <^»d PjrectioBS qf 
t% Act to te ol^ervf d, ^ si?Y?ri^ fe^ sd^qiQ^ v^ 
tbft ScWAlil^ of Fei* (Jii) tereuntGi <W%ex;^i 
Refuudof AND THAT if on Tondcar. af suoh E^aii)»t any 
ayment. ;B|{Q([ef^ Owner, or Occupier who shjiU beoome liable 
to pay any «u^ Fee shall lefuse to pay the same, 
iAfin, upon Apphcatium to any Jf^ustaoe of. the V^mt^ 
it shall be lawJUl tor sucb Justice. iMOid he is Ji£i»eby 



Mnvbskfpia4» w%tMmm ^ct- ^ «S££1 



i P juirt d ta awnw tim t^ tofnt^ivmi ^ kk the 

A«9 if he danii^ iip|NM «r t/ he ^ to «fttisfy i 
the said Justices as to the Refusal of Payipeiit us 
t faie wi d, a sMl he bm/ld for smk Jnt^ i ne W be b 
hereby requjied lo iatiie hia Wantnt to k^y the 
A]B0i«B)t of a«oh Fee b j Oiitam avd Sa)e i^ the 
Gooda and Chattda ef the Pwrty ae refiiaiq^ ia like 
Manner ea Peaia' JUftea eie h^ Lm meereiiUe* 

AiiD t/auch Fee he ftid hy^ the Oeci^er, he $Mi r*pamt by 
he mtiUed to iWM»r the Avon* theraf from the ^^"^ 
Ownar: 

rBOYIBffiQ ake^ THAT if the Votk infoq^ '"^^^r 
of iriucb aoch Fee ahaU becoine payaUe have not ^ork^^ 
heen done in eveiy le^fiaet agieeaUjF to the Direo- ^^^^ ^ 
tiona of this Act, then ii stall n^ bp yMjfiU foer eny 
Surveyor to receive such Fee ; 

AND THAT (f he shall so receive it, then, upon ^^"^^ 
AfjfJicatibii to the Official Beferees hj imy Party ^' 
t^tenated in the Building ia reapfBot of wfaidi aoch 
Work shall have been executed, and up(Hi its appeurr 
ing that such Fee has been a ae wc d vnongftiliy, it 
ehaU he ktmfid foe aneh Qffiflial Bc£»eea and th^aie 
heieby authorised (if they think lit) taoidef the jaid 
fisireyov to le&nd snch Fees. 

tXXVIU. AND BK IT KNACTiai mlh m<^ SSST' 
#e aneh Suryeyors, et^fiiar ae eel<^e0 to a B^tHni of 
the Business ioijfi by iheni> and ^ the Ii^peotieii 
th^eof, 

TQAT within SeyeB P«ys alter Ihe Fir^ Pay (»f 
ereiy Month it ehdl be the Hsuty pf eve^ Purveyor 
•ad h^ is hereby miiiiired to iiu^e e Betum tp the 
BeglstrBr of Metfop<di^a B^il(l^w9, ^wnenLting 
theiem the Number ead Netiirp of ftU the oeveial 
Works esaeutad witUo the pievipuA MoRth un4i^ hU 
BnpeiyisiaD, mu} ^ Ffi^ I^ tA \m for the sewe* 
end also a Copy of the IM of BegUtpr ef Notices 
a^FV/ed upon Imn, with the. Be^ults th«r^f» and U> 
keep in hia Qffiee a CSqpiy of auch Betoro s 



DMrM 9Q METROPOLITAN BVtXAIKGS ACT. 



inroection AND THAT if snj Person shall apply to inspeet 
of^turns. ijjg ggn^g^ ^^^ Qjj ^Yie Payment of One Shiffing 
it shaU be open for Inspection at all reasonable 
Times; 
Attthentica- AND with regard to such Retain, 90 far as relaieg 
£ff^^°of ^^ ^^e Authentication and Effect thereof, 
B«tanu. THAT every such Return nmst be signed by such 

Surveyor, and if so signed it ahaU be deemed to be a 
Cert^cate that all the Works enumerated therein 
have been done in all respects agreeably to this Act, 
according to the best of his Knowledge and Behef, 
and that they have been duly surveyed by him ; 

But no such Return ehaU be any Protection from 
or Hindrance to any future Proceedings in respect of 
Works not executed according to the Provisions of 
this Act, though the same may have been done before 
the making of such Return. 

Penalty for LXXIX. AND BE IT ENACTED, voith regatd 
NeSii^m*, ^^ ©vcry SuTveyor, 90 far as relates to the Discharge 
or Unfiuth-' of his Duties, 

THAT (/'any Surveyor demand or wilftdly receive 
any higher Fee than he shall be entitled to under this 
Act, or t^ in his Capacity of Surveyor he receive a 
Fee for any Act or Omission in respect of which he 
is not entitled to receive any Remuneration, or (f he 
refuse to refund any Fee wrongfully received by him 
in respect whereof the Official Referees shall have 
made an Order to that Effect, or if at any Time he 
wilfully neglect his Duty, or behave himself n^li- 
gentlv or imfaithMly in the Discharge thereof, then 
and m every or any such Case it shall be lawjkl for 
any Person to present a Complaint in Writing under 
his Hand to the Lord Mayor and Aldermen of the 
City of London, or the Court of Quarter Sessions 
haviog Jurisdiction over the District for which such 
Surveyor shall act for the Time bein^ at an;^ Sessions 
of the Peace, Quarter or General, either origLoal, in- 
plaint termediate, or adjourned, and which Compliant shall 
'^^^' set forth the Nature and Particulars of the Offence 



me!tropolitan buildings act. 91 o£!l!5!^ 



eliarged by the Complainant against any such Sur- 
veyor ; 

AND THAT the said Lord Mayor and Aldermen ^J^"8» 
or Court of Sessions^ as the Case may be, shall by 
Order of Court appoint a Time for the hearing of the 
said Complaint, and a Copy of which Order and of 
the said Complaitit shall be served by or for the said 
Complainant on the said Surveyor Ten Days at the 
least before the Time appointed for the hearing of 
such Complaint ; and the said Surveyor shall appear 
before the said Lord Mayor and Aldermen or Court 
of Sessions, as the Case may be, at the Time and 
Place so appointed for hearing the said Complaint, to 
answer the same ; 

AND THAT if, upon the hearing of the Com- Decwon. 
plainant and of the Surveyor, and the Evidence 
respectively produced by or for them, it shall appear 
unto the said Lord Mayor and Aldermen or Court of 
Sessions, as the Case may be, that such Complaint 
in whole or in part is well founded, then it shall be 
lawful for the said Lord Mayor and Aldermen, or the 
said Court of Quarter Sessions, as the Case may be, 
and they are hereby respectively required, either 
to fine such Surveyor in such Sum of Money not 
exceeding Fifty Pounds as they shall think fit, or to 
discharge him forthwith from his said Office ; 

AND THAT »/for any such Cause such Surveyor Jj^JJ***^ 
be discharged, he shall be incapable of being again sui^eyor. 
appointed a Surveyor for the Purposes of this Act. 

Officiai 

LXXX. AND NOW, FOR THE PURPOSE of *':^- 
providing for the Appointment' of competent Official ^J^/i-^ 
Referees to superintend the Execution of this Act official 
throughout all the Districts to which it is applicable, ^^*«*«**«"- 
and also to determine sundry Matters in question 
incident thereto, as well as to exercise, in certain 
Cases, a Discretion in the Relaxation of the fixed 
Rules and Directions of this Act, where the strict 
Observance thereof is impracticable, or would defeat 
the Object of this Act^ or would needlessly affect 



of Business^ 

B£ IT WACSSS^s ^A fegtard to 4e (Mkud 
Kef^rees, w/or a^ r^lai^ to itmt Afpm^99ff9t, IQ 
their Q«ifJi%atipQs^#|i4 t^ 4ie T^om^ pf tfa^far QiJiKQ^ 

THAT i?#A^ ^ ^Rji^fpr Ctapof Her M^s^a 
Prineipfd 8efvci«rie9 of SUt^ iipd ]^ 19 b^reli j qi»- 
powered to appoi^ Twp P«rwi* )>^ of ^ PifO^ 
fessioa of an Ai^lect w Survfj^r, io 1^ OflSml 
JUfei^ee^ of MiEitf(^p<itit«a J^n^tliqgs, fpd ffom Tbf»9 
to Tui^ 4§ be shaM thpk propter* tp Tfoigsire fmh 
Pgciftl Se&|»e9^ iui4 iJi t^k fim to vpfdfA 9&m 
P]eri(»ii8 8pq9a|^$#4; 
NottoactM AND THAT while any sach Peryopt tMi s# hM 

Suneyon. i:^^ (^c^ of Q^MVieS^Tfe, it f^q^ fH^t hUn^ fOT 

1^^ F^fsqii and jbe if ksakj e^piesffy pM^tif^l^ 
ipjt as ^iMTTj^TQr^ (Ntl^r ^loiie or wilb ai^ f I«1b9^ H* 
for tsk Agent, Of to »ct 9ys Wcfert Wem in tto CftS© 
9f «^ Baili^pg Mr M«N;^^ vhiob )}» §H1 Ml «s 
^efait^c(; 
officud AND TBAT if m QflMd iWew be trn^j^ m 

l^^ Aicl4t^0(;t|k9toipyQ«ndi9g«FM«|i^witl^ 

Architect, pf ^bi? Act, ^A^ 1^ M^ 6# ^^ ^% pf a^h OftiMi 

P^feree iumI ^e is hef^y reqw^ to rqjKwrl t)i^mii 
tQ ih^ Coquiliwipiiefs c^f Works 9pd EinMi^, 
Brf^tm, ^ND tliereupQft t^ iMl he tA^ IMy oi %xifik Gmr^ 
tmtpaf$. ma^fs^rn of Wos^s f»^ ftiiUlii^ |»d tb^J fure 
hf^eliy requ^?94 to t^^i^mt wme otl^ ^pnp^iit 
PeriKPg to ^. k i^un^iL urith ibfi 9t)^Qr (MSfM 
Referee as to such Building or Matter. 

ThfirFooc l,XXXI. 4ND »E IT I5N4CTKD, vitk nnm^ 

fuAi^ipiis geniuraUy» 

THAT it 9kaU 5« #&^ Di^y of sHeh QffiMl 
Referees an^ tb^ are hereby veqvired ia mpembmA 
Ihe EKMutiDn of this Aisl li^ ^ aofecal Djslikt 
finrreyors ^bsady iowting os hereby aukboiisad ia bo 
•raointed, and ta perfimq the aeveiAl Matters to 
tbem recq^Mtmly aaaicped Ij die Fvowiaiia of tUa 



ibtAf^OML to dfttdinuie M QuftMiohuH yweKlra to l«^i% 
wketb^ etptbis^y by Ihte Aot ^ «( titfft Itnftttbk^ d( 

LXXXII. AND BE IT ENACTED, mth regard Matten ci 
ip tiie Officwi »eferae», «>/«f a» fc/oftw fd their ^«'~*'- 
JumcQction;, 

¥13AT i/anf Douk, Difference^ or Dissa^^^^m 
m respect of any Matter mthin tk^ Limits of ty» 
Act anse between any Parties oonoeraed, t>r between 
any Pkrty and any Surveyoi^ or between toy Two 
Surveyors, as to any Aet done or to be done m puf^ 
suance of this Act^ or as to the Effect of t^e Provi^ 
sions th^eof in any Case> or as to the Mode in whieh 
the iSrovisioBV and Directions of t^ Aet are of 
ought to be carried into effect, and p&rtixiularly as to 
Aether the ReqifdrementB kfif^ed m Terms of Qittii* 
fication a|^ed to €itea^ to Soils, to Materials^ or ttf 
Workmanship, or otherwise, amd denotkig goodf 
sound, fire-proof, fitf^ proper^ or suffid^fit, are fii&lled 
in certain Cases, or as to the District m which tssf 
Building, Matter^ or Thing is to be d^^efttied to be 
situate, especially in Cases where svi^ BiHldiB|;i 
Matter, or Thing is partly in one Dii^trkt and pMrt^ 
in another, or as to the Expenses to be boime by thf 
respectiye Owners of i^remises parted by tigee sa«^ 
Party- Walls, or the Proportions thi^reo^ or as to the 
Propottions of the Expense to be bonae by the Oee»- 
pier or by the Owners of Premises in respect of any 
Work executed^ or any other Matter whaterer, then 
it shall he lawful for any Party concerned and he is 
hereby entitled to reqtiire the Official Referees fo 
det^TEHHe su^ Mattery BtiT %o that snieh Ref^msition 
be iftade hi Writing, and tbft6 it set foHh, ^MM9 
^ni^iyiy of othe*"*^, the Mattel*^ in I'espect of 
#liii^ the Determination of the Offidal fteferees is 
required' J 

AJ^D l^H AT the Deteraiinatson. of suck Rdereiiei^ one Referee 
or 6£ One of sitek Refelrees, Hr^ the A^tteAt of th^ ^i^- 
Registrar of Metropolitan Buildings, as to all or any 



^^^ 94 METROPOI.ITAN BUILDINGS ACT. 

' of the Points in difference on which such Referees 

9h€tU make their Award, and as to the Costs, Charges, 
and Expenses of sndi Reference, 9haU be binding on 
all Parties to such Reference. 



Award and LXXXIII. AND BE IT ENACTED, with regard 
Powert of ^^ ^^ OflScial Rcfcrces, so far as relates to their 



Authority in respect of any Reference to them, and to 
the Effect of their Award upon the Rights and 
Interests of the Owners and Occupiers of Property, 

THAT it shall be lawful for such Referees and 

they are hereby empowered to exercise all such 

Powers of Arbitrators as they would have had in case 

they had been appointed under an Order of Her 

Majesty's Court of Queen's Bench at Westminster ; 

Legal E£feet AND THAT if such Award be given in Writing, 

of Awards. ^^^ y^ ^^^^^ ^^ ^^^ Official Seal of the Registrar of 

Metropolitan Buildings, it shall he as effectual as if 

made under an Order of Reference by such Court, 

and shall be enforced by the said Court in all respects 

as if made under an Order of such Court ;* 

Effect as to AND THAT it shall be binding and conclusive 

Perwna. against every Person, including the Queen's Majesty, 

Her Heirs and Successors, claiming any Estate, 

Right, Title, Trust, Use, or Interest in, to, or out of 

the said Premises or any Part thereof, either in 

possession, reversion, remainder, or expectancy, and 

against every other Person whomsoever. 

Partial 

Revocation LXXXIV. AND BE IT ENACTED, with regard 

of Authority ' ^ 

of Official , 

Referees. 

' The Court of Queen's Bench may be moved for an attach- 
ment against the party disobeying the award; for which pur- 
pose a personal demand must be made on him by the party to, 
or for whom, the act awarded is to be done, or by some person 
authorized by power of attorney from him. Or if the award 
be for payment of money, the Court may be moved for a rule 
ordering the party to pay the money, which will have the 
effect of a judgment, and may be enforced by the ordinary 
executions. 



METROPOLITAN BUILDINGS ACT. 95 j2^^ 

to vaj Reference to the said Official Referees, so far 
at relates to the Revocation of their Authority, 

THAT the Power and Authority of the Official 
Referees shall not be revocable by any Party to such 
Reference, without the Consent of all Parties thereto ; 

AND THAT although any Party shaU not attend Nottoaiftet 
upon such Reference, it shall be lawful for such****^^'^' 
Official Referees to proceed with the Reference, and 
to make their Award. 

LXXXV. AND BE IT ENACTED, with regard "^^^^ 
to such Reference, so far as relates to the Evidence the onaai^ 
of any Matter thereof, B«ferec«. 

THAT it shall he lawful for the Official Referees 
and they are hereby empowered, by their Summons 
in Writing sealed with the Seal of Office of the Regis- 
trar of Metropolitan Buildings, to require the Attend- 
ance of any Person who may be able to give Evidence 
in the Matter of any Reference to them, and to 
require by such Summons the Production of any 
Documents to be mentioned therein ; 

AND THAT if in addition to the Service of such Appoint- 
Summons, an Appointment of the Time and Place of TuSeand 
Attendance in obedience thereto, signed by One at ^'i"** 
least of the Official Referees before whom the At- 
tendance is required, be also served, either together 
with or after the Service of such Summons, then if 
the Party so summoped do not attend in obedience 
thereto, such Party shall be liable to be proceeded 
against as for a Contempt of Court ; 

AND THAT every Person whose Attendance CompcnM. 
shall be required shall be entitled to the like Conduct J^daSL^*" 
Money and Payment of Expenses as for and upon 
Attendance at any Trial ; 

AND THAT no Person shall be compelled to Prodnctkmi 
produce under any such Summons any Writing or ^^^2!" 
other Document that he would not be compelled to 
produce at a Trial, or to attend on more than Two 
consecutive Days to be named in such Summons ; 

AND THAT it shall be lawful for the Official ^^T^ 

Oaths. 



and requited to adHttidi^^t ftti fMh id 4Sifii Wf^^iess^ 
^ ttnny ctf&ie \fef6f(S tft^> 6t, in Cdde^ ^^H Aikfrn- 

F^^*w AND THAT if titoflft Biicli 0«t!i cfi* Aftiiftation 
Sle aiiy Person MftMn^ the ^i6fe ^Ml^ ^d ^brniptljr 
give iy§e £tide)fi!6e, ^^^ ^ir^Tj Petscm do offen^^ 
«Aa/Z be deemed to be guilty of Petjiitfif . 

Eflfcct<rf LXXXVI. AND BB IT ENACTED, «eC^ f^^^rrf 
c^S^e" ^^ s^^b Aw5ifd> «o/a^ Gfi relates to 4he EIKe^ ^lereof 
as Evidence of the Matter thereof, 

THAT if oh the TruA or Sebnjig. of ^ €li«^e' or 
Matter in any €ontt of Lftw or Eqtitty, or else^erey 
any Copy erf an AWlnrdj tS^^ied a^ s^i^ed with the 
Seid of thel said Registrair^ bef pt^daeedj fkeii it shaU 
he the Ihity of all Jiid^», Justicesy and o^fs, a«l 
they are heifeby requned^ to recdrre dfte sasofe as 
primd facie fitideiLce of the MiAta[% therein o(m«> 
tained. 

Dediimtkm^ Lxixtlt. AND BE ft fi^ACVfet), witK re- 
KdSi^ . ff^^4 ^^ ^^* Official Referees, so far as relates to the 
Declaration ci official Fidelity, 

THAT before any Official Referee shall act in 
pursuance of his Appointment, it shall be his Duty 
and he is hereby required to make the following 
Declaration, to be administered by the Chief Baron 
or any other of the Barons of Her Majesty's Court 
of Exchequer^ that is to say, 

'' \A.B,Ab soletKnfy deehil<e/ 1%^; t will tlili^i^y 
'^ faithfuMy, and imfi^tirtially exec^e the DutMf^ o^ 
'' an Official Referee in relatk«ft to liiMXkn kfVdiii^ 
^ under the Provis^iotte of the A>^ made stod parsed 
^ in the Eighth Xesst of the Reigit of Het Mgj<^ 
'* Queen Vietoria^ intitttlefd 'Ah Act for t^^k^n^ 
'* the ConstrueHon and iltB m^ (f BuiMlik§3 ^ m 
'' Metropolis and its NeiffhMtthotidy aibd tf^emt^^ 
** cafled ' The Metropoiitaii BwiMiiigs A<jt,^ " 



METROPOLITAN BUILDINGS ACT, 97 J¥^' 

LXXXVIII. AND BE IT ENACTED, with re- R^nii^ 
gwd to such Offidal Referees, 90 far as relates to ^SSt'Su" 
the Eegulation of the Busmess of their Office, flciai lU- 

TThat when any Matter is by this Act required, ^'"*" 
directed, or permitted to be done by the Official Re- 
ferees, the same may be done by either of them, with 
the Assent of the Redstrar of Metropohtan Build- 
ings, unless express Pro?ision to the contrary be 
made, and if done by any one of them with such 
Assent, it ehatt be as yalid and effectual aa if done by 
both of them ; 

AND THAT, subject to such Restrictions and 2^J^' 
Regulations as may be made in that Behalf by the SS^S^ 
Oommisaoners of Works and Buildings, it ehaU be p»^<«- 
lawfiU for the Official Referees to appoint one of their 
Number, under their Hands and the Seal of the 
Registrar of Metropolitan Buildings, to make any 
Inquiry or any Survey which shall appear to them 
dther necessary or expedient in order to enable them 
to determine any Matters in reference. Registrar uf 

Uetropo- 
lUan Build- 

LXXXIX. AND FOR THE PURPOSE of duly i^ 
recording Relaxations of the Requisitions of this Act, Appoint- 
made in pursuance of the Provisions hereof in that g^^ 
Behalf, and of providing for the Revision from Time ^''"^' 
to Time both of such Relaxations and Requisitions, 
and of providing against the partial Exercise of the 
Powers of this Act, and for the more ^ectually pro- 
viding for the due recording of the Acts of the Official 
Referees, and £6r exercising a due Control thereon, 

BE IT ENACTED, THAT it shall be lawful for 
the Commissioners of Works and Buildings, and they 
are hereby authorized and required, to appoint a 
Registrar of Metropolitan Buildings ; 

AND THAT such Registrar shall hold his Office Tenure of 
during the Pleasure of the said Commissioners ; ®®*** 

AND THAT, subject to the Provisions of this Me. of 
Act, it shaU be lawful for the. said Commissioners to 
make Rules for regulating the Execution of the Duties 
of the Office of the said Registrar; 



Man 
Buitdings. 



Seal of 
Office. 



METROPOLITAN BUILDINGS ACT'. 



Use of Seal 
of Office. 



Report of 
Objection* 
by Regis- 
trars. 



Authority of 
Commis- 
sioners of 
Works. 



Interim 
Registrar. 



Declaration 
of official 
Fidelity. 



AND THAT it shall be the Duty of sucli Regis* 
trar to keep a Seal, and to affix such Seal to all 
Documents made by the said Official Referees, and 
required to be sealed, and to keep all the Documents 
and Records relating to the Business of their Office, 
and to register the same : 

PROVIDED always, tnth regard to such Regis- 
trar, 80 far as relates to the affixing the Seal of 
Office to any Document, 

THAT if it shall appear to the said Registrar that 
any such Documents are contrary to Law, or not 
complete in any of the reouisite Forms, or beyond 
the Competence of the said Official Referees, either 
with regard to the Provisions of this Act, or any 
Rules or Regulations prescribed for their Guidance 
by the said Commissioners of Works and Buildings, 
then it shall be the Duty of the said Registrar to 
refuse to affix the Seal, 

AND THAT thereafter, if the said Official Re- 
ferees shall so require, it shall be his Duty and he is 
hereby required to report the Matter, and the par- 
ticular Grounds and Reasons for his Refusal, to the 
said Commissioners ; 

AND THAT upon the Receipt of such Report it 
it shall be lawful for the said Commissioners to 
authorize the said Registrar to affix the Seal, or to 
confirm his Refusal : 

PROVIDED always, with regard to such Office of 
Registrar, so far as relates to the Execution of his 
Duties in certain Events, THAT ifsacli Registrar be 
ill, or otherwise unable to discharge the Duties of his 
said Office, or if he he absent, then it shall be lawfid 
for the said Commissioners of Works and Buildings 
to appoint some other Person to act temporarily in 
his Behalf, and to assign to such Person such Part of 
the Remuneration of the said Registrar, or otherwise 
to remunerate him as the Lords of the Treasury shall 
appoint in that Behalf. 

XC. AND BE IT ENACTED, mth regard to the 



MBTROPOUTAN BUILDINGS ACT. 99 ^jff^^ 

ntmrn 

B^istiir, so far as relaief to the Declaramm of BmOimgt, 
official ViMftVy — 

THAT before anj Regiistnor ahaD act in pur- 
soanoe of bis Appmntment, it shall be kis Duty and 
be is hereby required to make the following Deda- 
ration, to be adnunistered by the Chief Baron or any 
other of the Barons of Her Majesty's Court of Ex- 
chequer ; that is to say, 

" I A.B. do solemnly dedare» That I will diligently, 
** fiutbfnlly, and impartJaUy execute the Duties of 
" Begistnur in relation to Matters arising under the 
" Prorisions of an Act made and passed in the Eighth 
** Tear of the Beign of Her Majesty Queen Victoria, 
** intituled ' An Act for regulaiiag the Coiutructum and 
" the Use ofBuUdings im the Metropolis and its Neigh- 
" boarhood,* and commonly called 'The MetropoUtan 
« Buildings Act/'* 

XCI. AND BE rr ENACTTED, with regard to ^>^^^ 
sodi Awards, Cerdficnte, and other Beoords of the ^i^amS 
said Official Beferees, so far as relates to the Custody gff ^ 
and the Inspection thereof, 

THAT all such Awards, Certificates, and other 
Documents relating to the Business of their Office, 
shall be kept in the Office of the Begbtrar of Metro- 
politan BuUdings ; 

AND THAT if, for the Purpose of Evidence or copietof 
otherwise, any Party require a Copy of such Award ^J^Siw, . 
or Certificate or other Document, or to inspect the Ac- 
same, then on Payment of the Expense thereof, and 
of such Fees as may be appointed in that Behalf, 
it shall be lawful for such Party and he is hereby 
entitled to demand from the Begistrar an Inspection 
thereof, or a Copy thereof or Extract therefrom ; 

AND THAT on such Payment and Demand it Authencicft- 
shdU be the Duty of such Begistrar and he is hereby JJS fJS?**'' 
required to give, under his Hand and Seal of Office, thoNfer. 
a Copy of any such Award or any other Document to 
the Person so deman(hng the same. 



*jS2JSy^^^ METROPOLITAN BUILDINGS ACT. 

B^S^. XCII. AND BE IT ENACTED, with rtyurd to 
offi^Re- *^® R^trar of Metropolitan Builclings, %o far tu 
pstnr, and folates to fais Office or Pkne of Busiaess, and to the 
^b!!^^. B^^ulation of the Basiaess thereof^ 

THAT it ^kall bt laufjkl fer the Gomimsaioners <£ 
Weifkfi and Buildings a&d they are hereby required 
to appcnut, in some central and ^onTenicet Skuation 
within the City of London or the City of Weat- 
minster^ an Office for carrying on the Business of the 
Register t>f Metropolitan Buildings, and registering 
all Documents relating to such Busmess; and in 
such Office it shall he the Duty of such Begistrar 
and he is hereby required — 

To keep a Register of all Matters referred to the 
Official B^reesi, and otherwise of all Matters 
which shaQ come under their Cognizance in 
pursuance of this Act ; and also 

To keep and preserve all Documents connected 
with the Duties of Official Referees; and also 

To receive all Notices requiring any Act to be done 
by them, and to file and number them in the 
Order in which they are received. 

RegistrBtioo XCIII. AND BE IT ENACTED, with regard to 
^wardi, all l3ie Awards and Certificates, and all Documents 
^^' relating to the Business of the Official Referees, to 

far 08 relates to the Registration thereof, 

THAT the same shaU be registered, not only 
chronologically in the Order in which they are re- 
ceived, but according to the Subject Matters thereof, 
and also according to the Order of and in relation to 
the Provisions of this Act. 



XCIV. AND BE IT ENACTED, mth regard to 
oflkSd Re- *^^^ Official Referees and Registrar^ wfar as relates 
feroMtad to their Remuneration, 

segittrar. THAT *^ ^Ao/^ Af fe«^Z f» Her Majesty to grant 
tp each of such Offi<»al Referees and the said Regis- 



MKTROVOLITAM Bt7IL]ilK68 ACT. IM ^ HT^^ o/ 

trar a Salaiy not exceeding One tlimisMid Ponads Bmtusmgt, 
by tlie Year, in Fwir equal quarterly Payments ; onaJtoriy 

AND THAT if any sueh Official Referee or smeh Ffcynieiito. 
Registrar shall be appointed, or shall die, resign, or 
be removed from Office, in the intenral between Two 
quarterly Days of Payment, tke» ke shall b§ entitled 
to a proportionate Part of the Salary fcH* the Petiod 
of such Interval during which he shall hdd sueh 
Appointment* 

XCV. PROVIDED ahwa, AND BE IT EN. Dbquiift- 
ACTED, witk regiitd to the said Official Referees Somite, 
and Registrar, eo far at relates to their Qualifiea- <««« ud 
timis, "*«*^- 

THAT if any Person he or become Commissioner, 
Receiver, Steward, or Agent lor or on behalf id 
any Owner of Houses within the Limits of this Act, 
then such Person shall not be eli^ble to the Office 
either of Official Referee or of Registrar under this 
Act; 

AND THAT if afier having been appointed thereto ofice. 
he shall become such Commissioner, Receiver, Steward, ^'■**"** 
or Agent, then he shaU cease to be qualified to hold 
such Office of Official Referee or Registrar; AND 
thereupon such Office shaU be vacant, without Preju- 
dice, nevertheless, to any Acts done by any such 
Person in his Capacity of Official Referee or Regis- 
trar, so fiir as other Persons are affected thereby. 

XCYI. AND FORASMUCH as the Services of Fund, for 
such Official Referees and of such Registratr will be |^^ of 
employed chiefly on behalf of the Locahties oompriaed ^^^*^. 
within the limits of this Aet, it is expedient to pro* Be^tStrT 
vide for the Payment of a Portion of their Salaries by 
means of a County Rate, or by a Rate in the Nfrture 
of a County Rate, on such L^ocalities, in proportion 
to the assessed Value of inhabited Houses and Build* 
ings therein, or as near thereto as may be ; now, fbr 
that Purpose, 

BE IT ENACTED, with regard to such Official 



BmfUfmt§' Beferees and Begisliv, wfar «t reimim to tiie ]^« 
ment ofaPortioaof thebSdariesoiilofloedFaiids, 
THAT IT dbiff be lamfid for the LiMrd Mmpm 
and Aldennen of the City of London and thcj are 
herehjr required to direct the Cliambaiam of the said 
Gty, and for the Justices of the Peace lor the aevcnl 
Counties of Middksez, Snney, and Kent» and th^ 
are hereby^ respectirely required^ to direct the Trear 
sorer of such lesy ec tive Comities to |w, hy Tiro 
half-jeaify Pigments in the Months or June and 
Deenniber in erery Year, to or into the Hands of 
the Cashier of the Comrnissioiiers of Works and 
BnfldJngs, on aoooant of tlie said Official Beferees 
and of the said B^pstrar, the semal Sums of Money 
herein-after mentiraed, as and fayiray of Contiibation 
to such Salaries ; that is to saj. 

The City of London and thel 

Liberties and the Suburbs >the Sum<xf ^100 

thereof . . J 

The County of Middlesex . • . 1000 
The County of Surrey . . . 320 

The County of Kent . . • 80 

^1500 



^f AND it ihaU be lawful for the said Justices and 

they are hereby empowered and required to causey the 
same to be levied by a Rate upon the seyeral Parishes 
and Places within the Limits of this Act, in such 
Amounts as to such Justices may seem proper, haying 
regard to the assessed Value of the inhabited Houses 
and the Buildings in such Places respectively, in 
addition to the County Rate in respect thereof; 

Nijture «f AND THAT for the Purpose of levying such Sums 
they ahaU be deemed to be Part of the (>mnty Rate, 
and leviable by all the Ways and Means by whidi a 
County Bate is leviable, and subject in all respects 
to the legal Incidents of a County Rate. 



Levy. 



METROPOLITAN BUILDINGS ACT. 103 ^^W*^®/ 

XCVII. AND BE IT ENACTED, further, with B^Sg,. 
regard to the Official Referees and Registrar, so far p.-^^ , 
as relates to the Payment of the Bahmoe of their offlSa Re< 



Sahuies, 'S^ 

THAT soch Balanee skmO be payable and paid out outof con. 
of the Omsolidated Fund of the United Kingdom of ^^ 
Great Britain and Ireland. 

XCVIIL AND BE IT ENACTED, with regard r^ot 
to the Fees payable to the Registrar, so far as relates ^kJdA 
to the Appointment thereof, and to the Application thereof. 
thereof, 

THAT from Tune to Time it shall be lawful for 
the Commissioners of the Treasury to appoint such 
Fees to be paid in respect of the Services to be per- 
formed by the said Official Referees or by the said 
Registrar as shall be deemed requisite to defray the 
Expenses of the said Office, or incident to such Ser- 
yices, and the Salaries or odier Remuneration of any 
Persons employed under the Registrar in the Execu- 
tion of this Act, with the Sanction of the Commis- 
sionera of the Treasury, and which are not otherwise 
provided for by this Act ; 

AND THAT the Balance, if any, shall be carried Baknee to 
to the Consotidated Fund of the United ELingdom, dittodFund. 
and be paid accordingly into the Receipt of Her 
Majesi^'s Exchequer at Westminster ; 

AND THAT it shaU be lawjul for the Commis- Regulation. 
sionera of the Treasury to regulate the Manner in ^i^, cJt. 
which such Fees are to be received, and in which ^^JJjJ 
they are to be kept, and in which they are to be ^*' 
accounted for ; 

AND THAT it shaU be the Duty of the Registrar List of Fee. 
and he is hereby required to cause a list of the Fees ^^ **""* 
so appointed by virtue of this Act to be fixed up in 
some conspicuous Part of his Office. 

XCIX. PROVIDED alwiws, AND BE IT EN- y^?y. 
ACTED, with regard to the Officers appointed by or Appoint- 
by yirtue of this Act, so/ar as relates to the Func- ggjjf®' 



Q^^ 104 MKTBOFOUTAK BUIIJ>IHG8 ACT. 



jecttoBcss- tkmt, Appmtniait, and Tanae of Office of sndi 

THAT any Appointmeots to 8111^ OffiiM wUdi iliaa 
be made by Tirtue of this Act aJUi/!7beiiiade subject to 
any Frofiskm that may be made by any Act of Pu- 
Hament heceafier to be passed for — yij^g other 
Duties than those to be imposed by Tirtoe of this 
Act ; AND sach Offices ^4dl be held not only sabject 
to the Fleasore of the Officers and Jnstaoes by whom 
such Appointments diall be made, but also subject to 
the Pnmaions of any fatue Act of ftxliament in 
relation thereto. 

Legai Pro- 

"!^ C- AND NOW, FOR THE PURPOSE of r^n- 

^»U^ biting sundry legal Proceedings, 

t»». BE rr ENACTED, wiik regard to any Distress 

for any Snm of Money to be recovered by virtoe of 
this Act, 90 /or om rdatm to the remedying of any 
Damage occasioned by any Irregolarity therein or in 
reference thereto, 

THAT, notwithstanding there be any Defect of 
Form in the Proceedings relatire to any soch Dis- 
tress, neither the Distress itself skaU be deemed mi- 
lawfttl, nor thaU the Party making the same be 
deemed a Trespasser ah initio^ 

Actioofor BUT THAT if any Irregalarity be commiUed by 

^'"*^' any Party, then^ subj^ to the Conditions in ifais 
Act prescribed with regard to Actions bfong^t for 
any thing done in pnrsoance thereof, t^ 9haU be kao- 
/kd tot tbue Person aggrieved by such Irregalarity and 
he is hereby entitled to recover full fiatis&etion for 
the special Damage <»ly, and that by Action on the 
Case, and not by any other Action whatsoever. 

ISfndif ^}' ^^^ ®^ ^T ENACTED, wUh regard to any 
Action for any Irregularity or other Proceeding, so 
far as relates to the Tender of Amends, or Payment 
of Money into Court in respect thereof, 

THAT if, before such Action be brought, the 
Party who committed or caused to be committed any 



METROPOLITAN BUILDINGS ACT. 105 ^SEIST* 



such Irregularity or wrongful Prooeeding make or 
cause to be made Tender of sufficient Amends, then 
the Plaintiff shall not be entitled to recover in such 
Action; 

AND THAT although such Tender shall not have Payment of 
been made, yet if at any Time before Issue joined tion mST' 
the Court in which such Action shall be depending, cwut, 
or a Judge of any of the Superior Courts, grant 
Leave, then it ehall he lawful for the Defendant to 
pay into Court any Sum of Money, by way of Com- 
pensation or Amends, in such Manner, and under 
such R^ulations as to the Pbymjent of Costs and the 
Form of pleading, as is and are customary and in 
force in the said Superior Courts. 

CII. AND BE IT ENACTED, toith regard toR^e^t^ 
every Sum of Money by this Act, or by any Award ^"/J^;, 
or Certificate or other Proceeding in pursuance of or 
in accordance with this Act, charged upon any Person 
in respect of any Work done in pursuance of or in 
accordance with this Act, so far as relates to the 
Recovery of such Sum of Money, 

THAT if any Party claim any such Sum of 
Money, then it shaU be lawful for any One Justice of 
the Peace to summon the Person on whom such Sum 
is allied to be charged, before any Two Justices ; or if 
the A&tter arise within the District of the Metropo* 
litan Police, then before an^ Pohce Magistrate havine 
Jurisdiction vnthin that District ; and if such Award 
or Certificate be produced, or if such other Proceed- 
ing be proved by the Oath of the Party claiming or 
of any other credible Witness, and if it be proved 
by the Oath of such Party or other Witness that 
sudi Snto of Money is still due, then it shall bemmnn, 
lawfid for such Justices or such Police Magistrate 
and they respectively are hereby required to issue a 
Warrant to levy the Amount thereof, and also the 
Costs of the Proceeding, to be levied by Distress of 
the Goods and Chattels of the Person in default ; 

AND IF such Person have no Goods and Chattels i|npn«on- 



^SL^ 106 HSTROPOLITAN BUIU>IN6S ACT. 

whereon to distrain, or if such Goods and Chattdb 
be insufficient for that Purpose, them, it skall be 
lawful for such Justices or Police Magistrate, or for 
any other Justice or Police Magistrate, to omnmit 
the Person in default, until the Amount of sodi Sum 
so due, and of such Costs, shall have been fullj paid, 
or until the Party shall be discharged by or in ac- 
cordance with the ProTisions of any Act for the 
Relief and Discharge of Insdyent Debtors. 

ivo tn nt i w cm. AND BE IT ENACTED, with regard to 
ofOiTenoM. jj Qffenoes against the Provisions of this Act for 
lirhich no other Proceeding is provided, w far ae 
relates to the Prosecution thereof 
CompiAint. THAT it shall be lawfid to proceed by Complaint 
before any One Justice of the Peace or before a Police 
Magistrate as aforesaid ; 
Summoiu. AND THAT it shall be lawfid for such Justice to 
summon the Party against whom such Complaint 
shall be made ; 
compuiwry AND THAT if such Party fiiil to appear in pur- 
Appearance. glance of such Summous, thin it shall be lawfid for 
such Justice or Magistrate, or any other Justice or 
Magistrate, to issue a Warrant under his Hand and 
Seal, to compel the Appearance of such Party ; 
DittNM. AND THAT on Conviction of the Offender before 

Two Justices or before any Police Magistrate, it shall 
be the Duty of such Justices or Magistrate and they 
are hereby required to cause the Amount of the 
Penalty hereby imposed in respect of such Offence, 
and of the Costs of any such Proceeding in respect of 
such Offence, to be levied by Distress of the Groods 
and Chattels of the Offender ; 
imprUoa. AND THAT if such Offender have no Goods and 
"*"" * Chattels whereon to distrain, or i/they be insufficient 
for that Purpose, then it shall be lawful for such 
Justices or Magistrate, or for any other Justice or Ma- 
gistrate, and they are hereby empowered, either on 
failure of such Distress, or in the first instance, to 
commit t)ie Offender, for any Period not exceeding 



METROPOLITAN BUILDINGS ACT. 107 '^^J^' 

Three Months, or tin he shall have paid the full 
Amount of such Penalty and such Costs. 

CIV. AND BE rr ENACTED, with regard to R«noT«iof 
every Order which shall be made by virtue of or^to'Si'p^' 
under this Act, and to any other Proceeding to be nor courto. 
had touching the Conviction of an^ Offender against 
this Act (except Proceedings touchmg the Conviction 
of any Person offending for carrying on a Trade or 
Business offensive, noxious, or dangerous, contraiy 
to this Act, otherwise than those herein-before spe- 
cified), 

THAT it skmU not be lawful for any Person to certionuri. 
remove such Order or other Proceeding by Certiorari, 
or WDj other Writ or Process whatsoever, into any of 
Her Majesty's Courts of Record at Westminst^; and 
every such Order and other Proceeding is hereby 
dedared not to be so removable. 

CV. AND BE IT ENACTED, with regard to ^^ 
any Conviction for any Offence in respect of which a m to Penai- 
Penalty is by this Act imposed, 90 far as relates to the ^^' 
Appeal from any such Conviction in respect thereof, 

THAT if any Party be dissatisfied vrith the Deci- 
sion of the Justices in any Case in which such 
Penalty may be proceeded for, and if within Four 
Days after such Decision Notice be given by or on 
behalf of such Party to the Party appealed against of ~ 
Ids Intention to appeal against such Decision, and of 
the Grounds of such Appeal, and (/'the Appellant 
enter into a B^cc^nizance, vrith Two sufficient Sure- 
ties, conditioned to prosecute such Appeal, and to 
abide the Order of the Court, and to pay to the 
Party appealed against such Costs (if any) as shall 
be awarded against him, then it shall be lawful for 
such Party so dissatisfied to appeal against such 
Conviction to the Justices of the Peace at their 
General Quarter Sessions of the Peace to be holden 
within Four Months after such Conviction ; 

AND THAT if vrithin such Period of Four Days Proceeding. 
such Appellant have entered into such Recognizance ^a«o°* 



''cSim ^^® METROPOLITAN BUILDINGS ACT. 

as is herein required^ then it Aall he lamfid for wasAi 
Justices and they are heiebj empowered to proceed 
to hear and examine on Oath into the Cause and 
Matters of such Appeal (which Oath they are hereby 
empowered to adbmnister), and to detenmne the 
same, and to award such Costs to be paid by either 
of the said Parties as they think poper; and the 
Order, Judgment, and Determinatioii of the said 
Justices shaU be binding and conchiaive. 

Limitation CVI. AND BE IT ENACTED, wth refford to 
for Penal! cvcry Penalty or Forfeiture incurred under this Act, 
^^ to far as relates to the Limitation of • Proceedings for 

the Recovery thereof, 

THAT t/withm Six Calendar Months next after 
such Penalty or Forfeitnre shall have been incurred, 
an Action or Prosecution be not brought m ema* 
menced against the Person liable in respect thereof, 
then thereafter it shall not be lawful for any Person 
to bring such Action or commence such Proceeding 
in respect of such Penalty or Forfeiture. 

?S2dS'*' CVII. AND BE IT ENACTED, with regard to 
every such Penalty or Forfeiture, so far as rdates to 
the Recovery and the Appropriation thereof 

THAT it shaU be lawfid for any Party to sue or 
proceed for the same ; 

App«>pri»- AND THAT if such Penalty be not othmriae 
^' specifically appropriated, then- the Person so suing 

or proceeding shall be entitled to receive one Half 
thereof for his own Benefit, and the other ELalf ^kall 
be applied to Her Majesty's Use, and shall be paid to 
the Sheriff of the County, City, or Town where the 
same shall have been imposed ; 

AND THAT all Convictions before Justkes skM 
be returned to the Court of Quarter Sessions, under 
the Provisions of an Act passed in the Third Year of 

8 G. 4. c. 46. the Rei^ of His late Majesty King George the 
Fourth, intituled ''An Act for the more speedy 
Return aod levying of Fines, Penalties, atid For- 
feitures, and Recognizances estreated," and shall be 



METROPOLITAN BUILDINGS ACT. 109 ^9^^^ 

C€CatHg8. 

paid to the Sheriff of the County, City, or Town, and 
shall be duly aoooonted for by him. 

CVIII. ANB for regulating Proceedings against Rembtion 
Penons acCins in pursuance of tins Act, ^^t* Pw- 

B£ IT ENACTED, with regard to any Action or •on* acting 
Suit against anjr Person in respect of any Act or iS^Jf** 
Thins done or mtended to be done in pursuance of 
this Acty 90 far at relatet to the Limitation thereof, 
and to the Notification thereof to the offending Party, 
and to Hb^ Venue thereof, and to the Pleadings 
therein, and to the Evidence of the Matters thereof, 
4mdto ihit Verdict therein, and to die Judgment of the 
Court thereon, and to the Costs of sudi Action, and 
to tbe ReooTcry of such Costs, 

THAT alter the Expiration of Six Months next Limitation 
after the Fact committed, it shaU not be lawful to '^'^'^• 
bring any such Action or Suit against any Person in 
respect of any such Act ; 

AND THAT if Twenty-one Days at the least Notice of 
before the Coaomencement of the Action or Suit, ^*^®°- 
Notice in Writing of an Intention to bring such 
Action or Suit, and of the Grounds of Action, be not 
giyen to ereiy Person against whom such Action or 
Suit fdiall be brought, then it shall not he lawful for 
«ny Person to brmg any such Action or Suit against 
any Person in respect of any such Act ; 

AND THAT if the Cause or Matter of any such vraoe in 
Action or Suit arise within the said City of London ^i^<"- 
or the liberties thereof^ then sudi Action or Suit muei 
be laid in the City of London, and not disewhere ; 

AND THAT if the Cause of any Action or Suit Venn^in 
arise in any Part of the Limits aforesaid out of the ^*^*'**- 
«aid City of London and Liberties thereof, then it 
must be laid and tried in the County of Middlesex, 
and not elsewhere ; 

" Vide Collins v. Poney, 9 East. 322 ; Pratt v. Hillman, 4 
B. and C. 269; 6 D. and R. 360; Trotter v, Simpson, 5 C. 
and P. 51 ; Wells v, Ody, 2 G. M. and R. 128 ; 1 M. and W. 
452.— Cases on the parallel clause, in 14 Geo. III. c. 78. 



UgalPro- 110 METROPOLITAN BUILDINGS ACT. 

owamgM, 

neaaiid AND THAT in eveiy such Action or Smt it AaU 

ETidenoe. 5^ Uiwfid for the Defendant and he is herehj entitled 
to plead the General Issue, and at the Trial to he had 
thereof, to give this Act and the special Matter in 
Evidence, and to prove that the Matter or Thing i^x 
which such Action or Suit is brought was done in 
pursuance and by the Authority of this Act ; 

Verdict. AND THAT t/npon the Trial of such Action it 

appear that the said Matter or Thing has heen done 
by the authority or in pursuance of this Act, or if 
it appear that such Action or Suit was brought 
before the Expiration of Twenty-one Days after such 
Notice given as aforesaid, or %f it appear that suffi- 
cient Satisfaction was made or tendered before Such 
Action was brought, or if upon Plea of Payment of 
Money into Court it shall appear that the Plaintiff 
has not sustained Damages to a greater Amount than 
the Sum paid into Court, or if any such Action or 
Suit be not commenced within the Time herein for 
that Purpose Umited, or if it he laid in any other 
County or Place than as aforesaid, theny and in every 
such Case, it shall be the Duty of the Juiy and 
they are hereby required to find for the Defendant ; 

corti. AND THAT if a Verdict be found for the De- 

fendant, or if the Plaintiff in any such Action or Suit 
become nonsuited, or discontinue or suffer a Discon- 
tinuance of any such Action or Suit, or if Judgment 
be nven for the Defendant therein, on Demurrer, or 
by Default or otherwise, then the Defendant shall be 
entitled to have Judgment to recover full Costs of 
Suit, and to such Remedy for recovering the same as 
any Defendant shall have by Law. 

Security for CIX. AND further, for the Prevention ofvexatious 
***** Litigation, 

BE IT ENACTED, with regard to every Action 
in respect of any Matter or Thing done or intended to 
be done in pursuance of this Act, so far as relates to 
the Costs of such Action, 

THAT if the Defendant apply to the Superior 



METROPOLITAN BUILDINGS ACT. Ill ^'^^^^ 



cetdhtgi. 



Court at Westminster in which such Action is pend- 
ing, or to any Judge of any of the said Courts, then 
. it shall be lawfiil for such Court or any such Judge 
to require the Plaintiff to give such Security as sudi 
Court or Judge shidl think fit for the Payment of all 
Costs, Charges, and Expenses incurred or to he in- 
curred in and ahout the said Action, and which shall 
he or become payable by him on the Taxation thereof 
by the proper Officer. 



' Proaecu- 
tions for 



ex. AND BE IT ENACTED, with regard to any ) 
Penalty or Forfeiture incurred by any Default in com- n^eSLg 
plyiog with the Proyisions of this Act, so far as re- £*^*^2 
lates to Proceedings for the Recovery thereof, thL Act. 

THAT at any Time within Three Months after 
such Penalty or Forfeiture shall have been incurred 
it shall be lawful for any Surveyor appointed or con- 
firmed by virtue of this Act, and all other Persons, 
and they are hereby entitled, to commence and pro- 
secute Proceedings for the Recovery thereof, or for 
the Recovery of the Expenses of pulling down or 
altering of any Building, against any Owner, Occu- 
pier, Builder, Workman, or other Person, or for any 
Default made in complyipg with the Provisions of this 
Act: 

PROVIDED always, THAT if such Proceedings Notice of 
be taken by any Person except one of the Surveyors, ^*^****°- 
or except the Official Referees, then Seven Days' 
Notice of the Intention to commence such Proceed- 
ings mtist be given at the Office of the Surveyor of 
the District, and at the Office of the Registrar of Me- 
tropolitan Buildings. Miacel- 

kineous. 

CXI. PROVIDED always, AND BE IT EN-LUbui^of 
ACTED, with regard to the Owners of any Building, SjSI^eST'* 
Fence, Ground, Land or Tenement, so far as relates *>' ex- 
to their Liabihties in respect of Expenses incurred in Sndei*this^' 
respect of such Premises or otherwise, ^^* 

THAT in all Cases, whatever may be the Nature 
of the Interest in any such Premises of the Person 



*^ 112 METROPOLITAN BUILDINGS ACT. 

entitled to the immediate Possession thereof, or of 
the Occupier thereof, such Person entitled to the 
immediate Possession of such Premises, or such Oc- 
cupier, shall in the first instance hear all Costs and 
Expenses hy this Act imposed on the Owner thereof 
and shall perform all Duties by this Act imposed on 
such Owner ; subject, nevertheless, to any Big^t 
or Claim which such Person or such Occupier may 
have to he repaid such Costs and Ebqpmaes, and to 
he indemnified in respect of such Duties, according to 
the Provisions of this Act, according to the Nature 
and Extent of the Coyenants or Agreements under 
which such Person or Occupier may hold such Pre- 
mises, as fully and effectually as if such Covenants 
or Agreements were herein recited. 

Notiflca. CXII. AND BE IT ENACTED, wi£h regard to 
^^"'' Notices hy this Act required, so far aa relatea to the 
Service thereof upon the Owner or Occupier of any 
Building, Fence, Land, Ground, or Tenement, 

THAT e vay such Notice must be given as follows ; 

that is to say, 

Married If such Owner he a married Female, other than 

* a Cestuique Trust in regard to such Property, 

then such Notice must be given to the Husband 

of such married Female ; or 

1^*"^ ^ ^^'^ Owner be an Infant, Idiot, or Lunatic, or 
Lunatics. Ccstuiquc Trust, then such Notice must be given 

to the Guardian, Trustee, or Committee of such 
Infant, Idiot, or Lunatic, or Cestuique Trust ; or 
If such Owner, Husband, Trustee, Guardian, or 
Committee is not known, or cannot be found, 
then such Notice must be given to the Occupier 
of such Building, Fence, Land, Ground^ or 
Tenement to which it shall relate ; or 
BaUdinKs If such Building, Fence, I^md, Ground, or Tene- 
unoccupied. mcnt be unoccupied, then such Notice mMst be 

affixed to some conspicuous Part of such Build- 
ing, Fence, Land, Ground, or Tenement, at a 



Owncn un« 
known. 



METROPOLITAN BUILDINGS ACT. 113 ,*^«'- 

Height of not more than Nine Feet from the 
Gromid : 
AND if the Person in the Occupation of any Building, ^°*"J?*^** 
Fence, Land, Ground, orTenement, in respect of which 
Notice is to he given, allege that he is a Tenant from 
Year to Year, or for any less Term, or a Tenant at 
Will, and not the Owner thereof, within the Intent 
and Meaning of this Act, then such Notice mtist he 
given to the immediate Landlord of such Occupier ; 

AND it shall be the Duty of such Occupier and he Pwfwn in 
is herehy required to inform any Person by whom rJSS^** 
such Notice shall be required to be given, or any 
other Person applying on his Behalf, of the Name, 
Place of Residence, or Place of Business of such 
Owner or Landlord, or of his Aeent or other Person 
by whom the Rent of such Building, Fence, Land, ^ 
Ground, or Tenement shall be received ; 

AND if such Owner or Landlord be not in the ^ Owner- 
Receipt of the whole of the Rents or Profits of such ' ^* 
Buildmff, Fence, Land, Ground, or Tenement, and 
if apy Notice shall be served upon such Owner or 
Landlord, then, immediately upon the Receipt thereof, 
it shall he his Duty and he is hereby required to 
transmit to his immediate Landlord or his Agent, 
jmd also to any other Person being Part Owner in 
such Building, Fence, Land, Ground, or Tenement, 
or in Receipt of the Rents or Profits thereof under 
the same immediate Landlord, or to the Agent of 
such Person, a Copy of such Notice ; and so on in 
turn it shall be the Duty of every Landlord, Agent, 
pr other Person by whom such Notice shall be re- 
ceived, to transmit it to any such Landlord, Agent, pr 
other Person, being Part Owner of any such Building, 
Fence, Land, Ground, or Tenement, to the Intent 
that every Person affected by the Work; qr Proceed- 
ing to which such Notice relates may have due Notice 
thereof : 

PROVIDED ALWAYS, toith regard to every such service of 
Notice, so far as relates to thQ Service thereof \ipon Noti<?pis 
any such Owner, 

H 



JTiiMP 114 METBOPOUTAN BUIIJ>nfG8 ACT. 



THAT i/k be aerred iqiea the immediale Land- 
lord of the Oocopier or upon his Agent, bj or on be- 
half of the Person b j whom it is hereby required to 
be serred in the first instance, tAen although it may 
not be served by such immediate Landlord upon any 
other Landlord or Owner, such Sorice is to be deemed 
to be sufficient Service ; 
amin ffom ^^^ THAT NEVEBTHELESS, if any Owner 
ddSrtrrr^ suffer Damage by the Failure of any other Person, 
nernet. being either the Occupier or any Person holding under 
such Owner, to serve such Notice, then such Owner 
shall be entitled to recover the Amount thereof against 
such Person by whom such Damage shall have been 
occasioned ; 
Amnbites AND THAT cvcry Notice served under this Clause 
^'**^' on any Person must contain a Capj of the Provisions 
* thereof, so far as they require him to transmit the 
same to his immediate Landlord, or the Agent of 
such Landlord. 

^J CXIIL AND BE IT ENACTED, with regard to 

Occupier. Notices by this Act required, so far as relates to the 
Mode of Service thereof upon the Occupier of any 
Building or Ground, 

THAT t/such Notice be intended for the Occupier 
of any Bmlding or Ground, then it must be given 
either personally or by leaving the same with some 
Inmate at the Piremises, or it must be affixed as afore- 
said. 

M«^«rf8er. QXIV. AND BE IT ENACTED, further, with 
ownewby regard to all such Notices, so far as relates to the 
DeUvery. Mode of Service thereof upon Owners by Delivery, 

THAT every such Notice (except such Notice as 
may according to the Provision in that Behalf be sent 
by Post), must be given either personally or by leaving 
the same with some Inmate at the usual Place of 
Abode of such Party, or if that be not known, then at 
his last known Place of Abode ; 
\^^ AND THAT every such Notice, when so given to 



METROPOUTAN BUILDINGS ACT. 115 ,^««'- 

such Persons respectively as aforesaid^ or left at the 
last known Place of their respective Ahodes, or when 
so affixed as aforesaid^ according to the Cases herein- 
before mentioned, thall have Uie same Effects and 
Consequences as if given to the actual Owner. 

CXV. AND BE IT ENACTED, fiirther, with Modeofser- 
regard to Notices, eo/ar 04 relates to the Mode of SwnS«by 
Service thereof hy Transmission, Tmnsmis- 

THAT if any Owner upon whom the same is re- "®"' 
quired to be served be not within the Limits of this 
Act, or have not within the Limits of this Act any 
Agent acting in his Behalf in the Matter of the 
Premises to which the Notice refers, then it shaU be 
lawful to give Notice by Post Letter, duly registered 
according to the Practice for the Time bemg adopted 
with regard to Letters transmitted by Post, but so 
THAT N£y£RTHEi.£SS such Letter be posted in such 
Time as will afford to the Person addressed, after 
the Beceipt of such Letter, the full Period of Notice 
required in the Case. 

CXVI. AND BE IT ENACTED, with regard to Notice, for 
Notices, so far as relates to the Service thereof upon ^JS'oSdai 
the Surveyors and upon the Official Referees, Refere**. 

THAT if the Notice relate to the Surveyor, then such 
Notice must be served at the Office of the Surveyor ; 

AND THAT if the Notice relate to the Official 
Referees or any of them, then such Notice must be 
left at the Office of the Registrar of Metropolitan 
Buildings. 

CXVII. AND BE IT ENACTED, with regard connenuhy 
to Consents by this Act required to be given by the Sd^PSiSiB. 
Owner or Occupier of any Building or Ground, so far 
as relates to the making thereof on behalf of incapa- 
citated Persons, 

THAT if such Owner or Occupier be a married 
Female, not being a Cestuique Trust in regard to the 
Property to which such Consent relates, then such 



Mx»ceU 116 METROPOLITAN BUILDINGS ACT. 

teneouff. 

Consent must be given by the Husband of such mar- 
ried Female ; 

OR THAT if such Owner or Occupier be an In- 
fant, Idiot or Lunatic, or Cestuique Trust, then such 
Consent nmat be ^ven by the Guardian, Trustee, or 
Committee of such Infant, Idiot or Lunatic, or Ces- 
tuique Trust ; 

OR THAT if such Owner or Occupier, Husband, 
Trustee, Guardian, or Committee, be not known or 
cannot be found, then with a view to protect the 
Interests of such Parties, as well as to facihtate the 
Purposes of this Act, it shall be lawful for the Official 
Referees and they are hereby authorized, by Writing 
duly sealed by the Registrar of Metropohtan Build- 
ings, to give such Consent as may be requisite, upon 
such Terms and subject to such Conditions as may 
seem fit to them, having regard alike to the Nature 
and Purpose of the Subject Matter in respect of which 
such Consent is to be given, and to the fair Claims 
of the Parties on whose Behalf such Consent is to be 
given. 

Exemption CXVIII. AND BE IT ENACTED, with regard 
from stamp ^^ ^j^^ following Documcuts, 80 far as relates to the 

Payment of Stamp Duty in respect thereof, 

THAT every Certificate and every Award required 

to be made or signed by the Surveyor or the Official 

Referees shall be and is hereby exempted from Stamp 

Duty. 

Public Act. CXIX. AND BE IT ENACTED, THAT this 
Act shall be deemed to be a Public Act, and shall be 
judicially taken notice of as such by all Judges, Jus- 
tices, and other Persons whomsoever, without spe- 
cially pleading the same. 

Amendment CXX. AND BE IT ENACTED, THAT this 

of Act. ^^ ^^y |,g amended or repealed by any Act to be 

passed in this present Session of Parliament. 



SCHEDULES. 



118 



MSTROPOLITAN BUILDINGS ACT. 





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120 METROPOLITAN fiUILDINGS ACT. 

SCHEDULE (li.)^See § 5 & 7.) 
Part I. 

. List of Buildings, of whatever Class, placed under special 
Supervision. 
Bridges, Embankment Walls, Retaining Walls, and Wharf or 

Quay Walls : 
And Her Majesty's Royal Palaces, and any Building being in 
the Possession of Her Majesty, Her Heirs and Successors, or 
employed for Her Majesty's Use or Service : 
And any Common Gaols, Prisons, Houses of Correction, and 
Places of Confinement under the Inspection of the Inspectors 
of Prisons, and Bethlem Hospital and the House of Occupa^ 
tions adjoining : 
And the Mansion House, Guildhall, and Royal Exchange of the 
City of London : 
soft o*G s ^^ *^® Offices and Buildings of the Governor and Company 
C.89. ' o^ ^^^ BKnk of England afaready erected, and which now 
form the Edifice called V The Bank of England," And any 
Offices and Buildings hereafter to be erected for the Use of 
the said Governor and Company either on the Site of or in 
addition to and in connexion with the said Edifice : 
And the Buildings of the British Museum already erected or to 
be erected for the like Purposes : 
L. & P. And the Erections and Buildings authorized by an Act passed 

c. lis.' ^^ ^^^ ^^^^ ^^^ ^^ ^^® ^^8° ^^ ^^ ^^ Migesty King 

George the Fourth, for the Purposes of a Market in Covent 
Garden : 

And the Warehouses of or belonging to the Saint Katharine Dock 
Company, commonly called the New Street and Cutler Street 
Warehouses, and the Haydon Square Warehouses, purchased 
' by the said Company from the East India Company. 

And all other Buildings exempted by any Act of Parliament 
from the Operation of the Act passed in the Fourteenth Year 
of His late Majesty King George the Third, and by this Act 
repealed, except Buildings included in the Second Part of 
this Schedule. 

Part IL 

List of Buildings, of whatever Class, exempted from Super- 
vision. 
L. & P. And the Warehouses of or belonging to the Saint Katharine 
^ %&' ^^^ Company, and situate in the Parish of Saint Botolph- 

^' ' without-Aldgate, and in the Precinct of Saint Katharine, 

near the Tower of London, in the County of Middlesex : 



8CHBDULB8 (b.) AND (c. PART I.) 121 

And the WarehouBes and Buildings of or belonging to the L. & P. 
London Dock Company, comprehended within the Wall of 9 o* 4. 
the said Company, as set forth in an Act passed in the Ninth *' " "* *' 
Year of the Reign of His late Majesty King George the 
Fourth: 

And the several Warehouses and Buildings of or belonging to L* & P* 
the East and West India Dock Company, established by an ^^' ^^ 
Act made in the First Year of the Reign of Her present i'& i vict. 
Migesty : c. 9. 

And the Buildings erected or to be erected by the London and L. & P. 
Birmingham Railway Company, established and incorporated J *g| ^j^*' 
by an Act passed in the Third Year of the Reign of his late 5'^ 6 W. 4. 
Majesty King William the Fourth, within and in connexion c. 06. s. 196. 
with the Works of their Railway, by virtue of the several 
Acts relating thereto : 

And the Buildings and Structures belonging to any other Dock 
or Railway authorized to be execut^ by any Act of Par- 
liament. 



SCHEDULE (C.)— Part I.— (&e § 6.) 

Rules for determining the Classes and Rates to which 
Buildings are to be deemed to belong for the Purposes of 
this Act, and the Thicknesses of the WaUs of Buildings of 
such Rates. 

CUu9e9 qf Buildings, 

For the, Purposes of this Act, all Buildings of whatever Kind, 
subject to the Provisions thereof, are to be deemed to belong 
to one or other of the following Three Classes ; that is to 

Fint Clou. 
If a Building be built originally as a Dwelling-House, or be 
occupied or intended to be occupied as such, — ^then it is to 
be deemed to belong to the First or Dwelling-House Class. 

Second Clots, 
If a Building be built originally as a Warehouse, Storehouse, 
Granary, Brewery, Distillery, Manufactory, Workshop, or 
Stable, or be occupied or intended to be occupied as such, 
or for a similar Purpose, — ^then it is to be deemed to belong 
to the Second or Warehouse Class. 

Third Ckui. 
If a Building be built originally as a Church, Chapel, or other 
Place of Public Worship, College, Hall, Hospital, Theatre, 
public Concert Room, public Ball Room, public Lecture 



122 MXTEOPOLItAN BUILDINGS ACT. 

Boom, pobfic Szhibitioii Koom, or oecopied or intended to be oenqaed 
•s sadly or for a simflar Purpose, or otherwise used or intended to be 
nsed, either temporarily or permanently, fur the Aascmbfaige of Per- 
sons in brge Nnmben, whether for PoUie Worship, Business, Instmc- 
tioD, Debate, IMrersioB, or Besort, — then it is to be deemed to belong 
to the Third or PoUie Building Oass. 

JUeroHomtifCiaii. 

And if any Boom, whether constructed within any other Building or not, 
and whether included in the aforesaid Classes or not, be used at any 
Time for the public or general Congr^ation of Persons, — then the 
Building containing such Boom is to be deemed a Bmlding of the Tfaurd 
or Public Building Class. 

Or if a Building originally built, or subsequently altered so a* to bring it 
within any one Qass, be subsequently converted into or used as a 
Building of another Class, — ^then it is to be deemed to belong to such 
other Ckss ; and as to it all the Conditions prescribed with regard to 
Buildings of the same Bate of such other Class must be fulfilled as if 
it had been originally built of such Class, subject nevertheless to such 
Modifications as shall be sanctiontd by the Official Referees on a special 
Supervision thereof 

Or if a Building be used partly as a DwelKng-House and partly lor any 
Purpose which would Ining it within the Second or Warehouse Class, 
— then it is to be deemed to belong to the said Second or WardMHise 
Class ; and as to it all the Conditions prescribed with r^^d to Build- 
ings of the same Bate of such Class must be fulfilled as if it had been 
originally built of such Class, subject nevertheless to such Modifications 
as shall be sanctioned by the Official Beferees on a. special Supervision 
thereof. 

Rates of Buildings. 

And the Bu3dinn included in the said Classes are to be deemed to 
belong to the Bates of those Classes, according to the Conditions of 
Height, Area, and Number of Stories set forth in the following Tables ; 
which Conditions are to be determined according to the following 
Buks:— 

Rule/or ascertaining Height. 

The Height of every Building is to be ascertained by measuri&g 
from the Surface of the lowest Floor of the Building up to the 
under Side of the Ceiling of the topmost Story at the highest 
Part thereof, whether such Story be within the Boof or not. 

And if there be no Ceiling made or intended to be made to the 
topmost Story, then by measuring from the Surface of such 
lowest Floor of the Building up to the under Side of any Tie- 
beam, Collar-beam, or other Substitute for a Tie-beam to or 
within the Boof of the Building, and to the highest Part of such 
Boof, and the Level of the under Side of such TieJieam, m 



8CHSDULB (C. PART l.)-'^LAS8KS AND RATES. 123 

such Substitute for a Tie-beam, is in such Case to be taken to 
mean the Ceiling of the topmost Story. 

And if there be no Tie-beam, CoUar-beam, or other Substitute 
for a Tie-beam to or within the Roof of any Building, then up 
to a Level Three Feet below the Level of the under Side of 
the Ridge-piece, or Substitute for a Ridge^piece, to the Roof of 
such Building. 

Mule fir atcertaininff Area. 

And the Area of every Building is to be determined by the Number 
of Squares contained in the Surface of any Floor which shall 
contain the greatest Number of Squares at or above the prin- 
cipal Entrance to such Building, including in such Surface the 
Area of all the external Walls, and such Portions of the Party- 
Walls, as belong to such Building, but excluding from such 
Surface the Area of any attached Building or Office, Area, Bal- 
cony, or open Portico. 

Rule fir Mcertammg the Capacity qfany Building of the Second Close. 

And the Capacity or Cubical Contents of any such Building is 
to be ascertained by measuring according to the Rule for ascer- 
taining Area, and from the Surface of the lowest Floor up to 
the under Surface of the Roof Covering of such Buildings 

Rule fir aaeertainiing Number of Stories. 

And the Stories of every Building are to be counted from the 
Foundation upwards. 

And if the Space in Height between the Top of the Footings and 
the Level of the lowest Floor do not exceed Five Feet, — ^then 
the Story nearest the Foundation is to be considered the lowest 
or first Story ; but if such Space exceed Five Feet, — ^then such 
Space is to be considered to contain the lowest or first Story ; 
and in that Case Nine Inches above the Top of the Footing is 
to be considered the Level of the lowest Floor. 

Rulefitr ascertaining Thickness of WaUs. 

And the Thickness or Width of every Wall, and of the Footing 
thereof, is to be ascertained by measuring only the Thickness 
or Width of which such Walls or Footings shall have been 
originally built. 



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SCHBDULB (C. FART III.) — WABBB0V8B CI.A88 WAU.S. 127 

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128 METROPOLITAN BUILDINGS ACT. 

SCHEDULE (C.)— Part IV. 

Rules concerning Buildings of the Second or Warehouse Class. 

Warehou8e8t Sfc, 

With regard to any Building of the Second Class hereafter built or 
rebuilt, in reference to the Capacity or Contents thereof within the 
same inclosing Walls, — 

If such Building contain more than 200,000 Cubic Feet, — ^then such 
Building must be divided by Party-Walls, so as that there be not in 
any one Part of such Building more than 200,000 Cubic Feet without 
Party-Walls. 

OpetUnfft in Party- WaOt. 

And with regard to Buildings of the Second Class, in reference to Openings 
through Party-Walls,— 

Such Openings must not be made wider than Six Feet, nor higher than 
Eight Feet, unless in each Case, and upon special Evidence of Necessity 
for Convenience or otherwise, the Official Referees shall previously 
authorize larger Openings. 

And the Floor, and the Jambs, and the Head of every such Opening 
must be composed of Brick or Stone or Iron-work throughout the 
whole Thickness of the Wall. 

And every such Opening must have a strong Wrought-iron Door on each 
Side, of the Party-Wall, fitted and hung to such Opening without 
Wood-work of any Kind ; and such Doors must be not less than One 
Fourth of an Inch thick in the Panels thereof. 

And each of such Doors must be distant from the other not less than 
the fidl Thickness of the Party-WaU. 

Roqft. 

And with regard to the Roofs of Buildings of the Second Class, in order 
to prevent the Formation of curbed Roofs to such Buildings, the 
Plane of the Surface of the Roof of every such Building must not 
incline from the external or Party- Walls upwards at a greater Angle 
than 40 Degrees with the Horizon. 



SCHEDULE (C.)— Part V. 

REauisiTES for determining the Rate to which any Building of the 
Third or Public Building Class is to be deemed to belong. 

If any Building of the Third or Public Building Class correspond in Form 
or Structure or Disposition with a Dwelling-House, — ^then the. Rate 
thereof is to be determined by the same Rules as the Rates of th& First 
or Dwelling-House Class; and the Thicknesses of the extemi^ and 
Party-Walls, and the Width of the Footings thereof, are to be at the 



BCHEBUKB (c. PARTS IT. V. VI. VII.) 1^9 

least Four Inches more than is hereby required for the external and 
Paart7-*Wall8;, and the Footings thereof, of Buildings of the same Rate 
of the First or Dwelling-House Class, unless the Official i. Referees, on 
special Supervision in each Case, shall otherwise appoint. 

But if it correspond in Form or Structure or Di^)osition with a Ware- 
house, or any Building of the Second Class, — then the Rate thereof is 
to be determined by the same Rules as the Rates of the Second or 
Warehouse Class ; and the Thickness of the external and Party-Walls, 
and the Width of the Footings thereof, are to be at the least Four Inches 
more than is hereby required for the external and Party-Walls, and 
the Footings thereof, of Buildings of the same Rate of the Second or 
Warehouse Class, unless the Official Referees, on special Supervision 
in each Case, shall othenHse appoint. 

But if it do not correspond in Form and Structure, or hi either, vnth 
Buildings of the First or Second Classes, or any of them, — then such 
Building is to be subject, as to its Walls or other Construction, to the 
special Approval of the Official Referees. 



SCHEDULE (C.)— Pa]^t VI. 

RuLB concerning Fi&b-pboof Accesses and Stairs to Buildings of the 
First and Third Classes. 

With regard to Buildings of the First Class, whereof the internal. Stairs 
are of Stone Qtr; other incombastible Substance, — Such Stairs must be 
set in, or be fixed to, and be wholly upborne by, Fue-proof Construc- 
tions, and must be connected internally by Landings, the Floors of 
which are Fire-proof, and vi'holly upborne and supported by Fire-proof 
Constructions, and must be connected with the exterior Entrance by 
Passages, the Floors of which are Fire-proof, and wholly upborne and 
supported by Fire-proof Constructions. 

And with regard to Buildings of the Third Class, — ^The Floors of the 
Halls, Vestibules, Lobbies, Corridors, Passages, and the Stairs and 
Landings, and all other Ways of Ingress and Egress within the Building 
to and from all Rooms or Apartments used for public Congregation, 
and to and from all Galleries being Part of, or being connected with, 
any such Room or Apartment, must be wholly supported, constructed, 
formed, made, and finished Fire-proof. 



SCHEDULE (C.)— Part VII. 

Rules concerning attached and detached and insulated Buildings, as to 
the Rates and Walls thereof. 

Attached Buildings and Offices, 

With regafd .to Buildings or Offices now buiH or hereafter to be built 

I 



130 METROPOLITAN BUILDINGS ACT. 

(except Greenhouses, Vineries, Aviaries, or such like Buildings), and 
that whether such Buildings or Offices he attached to, or detached 
from, the Buildings to which they helong, — 

Every such Building is to be deemed, in respect of the "Walls thereof, and 
all other Requisites, as a Building of the Rate to which it would 
helong if it had been built separately. 

Insulated Buildings, 

And with regard to Buildings of the First or Dwelling-House Class, and 
of the Second or Warehouse Class, which shall be insulated, — so far as 
relates to the Distance thereof from a pubUc Street or Way, — 

Every such Building must be distant from any public Street or AUey One 
Third of the Height thereof at the least ; and if the Building do not 
exceed Twenty-four Feet in Height, then it must be so distant at the 
least Eight Feet. 

And with regard to such Building, so £»* as relates to the Distance 
thereof from any other Building, or from Ground not in the same 
Possession or Occupation therewith, or connected therewith only by a 
Fence or Fence-Wall, — ^it must be distant from such other BuilcUng or 
such other Ground at the least Thirty Feet. 

And if such Building be so distant from a public Street or Alley, and 
from any other Building, or from Ground not in the same Possession 
or Occupation therewith, — ^then such Building is not to be liable, in 
respect of the Dimensions and Materials thereof, to the Rules and 
Directions of this Act. 

Insulated Buildings afterwards divided. 

Provided always, that if any such Building be hereafter divided into Two 
or more distinct Buildings, and the several Parts of such Buildings so 
divided be not at the aforesaid Distance from each other, and frY>m 
other Buildings and Ground, — ^then such several Parts must be sepa- 
rated from each other by such Party. Walls as are herein prescribed 
for the Rates to which such several Parts, if adjoining, would belong. 

And if such Requisites be not observed, — ^then such several Parts of 
such Buildings in respect of which they are not so observed shall be 
deemed a public Nuisance, and as such be taken down according to the 
Provisions of this Act in that Behalf. 

ToU Houses, 8fc. 

And with regard to certain Buildings which shall be built for the Pur- 
poses of Trade or the Collection of Toll,— 

If such Buildings be situate Fifteen Feet at the leaist from any other 
Building, and do not cover an Area of more than One Square and One 
Half, and the Height thereof do not exceed Twelve Feet from the 
Ground to the highest Point of the Roof, — ^then every such Building 



SCHEDULX (d. part I.) WALLS OBNBBALLT. 131 

may be inclosed with any M ateriab whatsoever, but the Roof thereof 
must be covered* as herein directed with regard to Roofs, and the 
Chimney and Flue (if any) must be built as herein directed with regard 
to Chimneys and Rues. 



SCHEDULE (D.) 

Part I. — Rules concerning Walls of whatever Kind. 

Foundations, 

With regard to the Foundations of Walls : — 

Every external Wall, and every Party-Wall, and every Party-Fence- Wall, 
must be built upon a constructed Footing, based upon solid Ground, or 
upon other sufficient Foundation. 

Footmgf. 

With regard to Footings of Walls, in reference to the Materials thereof, to 
the Width thereof, to the Height thereof above the Foundation, and to 
the Depth below the Surface : — 

Materials, 

1. In reference to the Materials thereof; — 

Every Footing must be built either of sound Bricks or of Stone, or of 
such Bricks and Stone together, laid in and with Mortar or 
Cement in such Manner as to produce solid Work. 

Width, 

2. In reference to the Width thereof: — 

The Bottom of the Footing of every external Wall and Party- Wall 
of the Rrst Rate must be at the least 17^ Inches wider than the 
WaU standing thereon ; and the Bottom of every Footing of every 
external Wall and Party- Wall of the Second and Third Rates 
must be at the least 13 Inches wider than the Wall standing there- 
on ; and the Bottom of the Footing of every external Wall and 
Party-Wall of the Fourth Rate, and of every Party-Fence-Wall, 
must be at the least 8^ Inches wider than the Wall standing 
thereon. 

The Top of the Footing of every Party-Fence- WaU, and of every 
external Wall and Party-Wall, must be at the least Four Inches 
wider than the WaU standing thereon. 

Height, 

3. In reference to the Height above the Foundation: — 

The Footing of every external WaU and Party-WaU of the First Rate 
must be at the iQMt Eleven Inches high above the Foundation. 



132 IISTROPOUTAN ^VlVDiSOB ACT. 

The Footing of every external Wall and Party-Wall of the Second 

and Third Rates mint be at the lea«t Eight Indies high above 

the Foundation. 
The Footing of every Party-Fence-Wall, and of every external Wall 

and Party-Wall, of the Fourth Rate, must be at the least Five 

Inches high above the Foundation. 

Depth below Cfround. 

4. In reference to the Depth thereof below the Surfifuse of the lowest 
Ground or Area adjoining : — 

The Top of the Footing of every Party-Fence-Wall, and of every 
external Wall and Party-Wall, must be at the least Three Inches 
below such Surfiioe. 

Depth below Unteet Floor. 

5. In reference to the Depth thereof below the Sur^Euse of the lowest 
Floor adjoining or intended to adjoin thereto : — 

The Top of the Footing of evety external Wall and Party-Wall must 
be at the least Nine Inches below such Surface ; and in any Build- 
ing of the First Class the Sur&ce of the Earth or of any Paving 
on the Outside (except the Pavement of any public Way), must not 
at any Time be raised to within Six Inches of the Surface of the 
lowest or First Floor of such Building. 

Thicknesses of inclosing Walls to Stories ofBuikUngs qf whatever Rate, 

With regard to the inclosing Walls to Stories of Buildings of the First 
and Second Classes, — ^Each of the inclosing WaUs of any such Story 
throughout the whole Height thereof, from the Top of the Footing up 
to the Top of such Story, and with all the Sets-off in addition required 
for such Wall, to whatever Rate or whichever Class it may belong, and 
throughout at the least One Third of the whole Length of such Wall, 
in Piers properly distributed, must be of the following Dimensions 
(unless cross or return Walls, coursed and bonded with the inclosing 
Walls, shall in the opinion of the Official Referees, upon special Appli- 
cation to them in each particular Case, g^ve sufficient Strength with 
less Thickness in such inclosing Walls) ; that is to say,^ — 

As to First Class Buildings : — If the Story be in Height more than 11 Feet, 
then the Thickness of its inclosing Walls must be at the least 13 Inches. 

Or if the Story be in Height more than 15 Feet, then the Thickness 
of its inclosing Walls must be at the least 17i Inchea. 

As to Second Class Buildings: — If the Story be in Height more than 
9 Feet, then the Thickness of its inclosing Walls must be at the least 
13 Inches. 

Or if the Story be in Height more than 12 Feet, then the Thickness 
of its inclosing Walls must be at the least 17i Inches. 



8CHBDULB (iK PART II.) — ^BXTBRNAL WALLS. 133 

Or if the Story lie in Height num than 15 Teet, then the ThidLness 
of its inclosing Walla must be at the least 21i Inchea. 

Or if the Story be in Height more than 18 Feet, then the Thickness 
of .its indoting Walk nrast be at the least 26 Inches. 

Nevertheless as to any external Wall of any Building of the First Class 
in which there are no Apertuiies or Recessesr^If there be another ex- 
ternal Wall and a cross Wall of not less than 8^ Inches thick coursing 
and bonding with such external Wall, or if Two such cross Walls occur 
within a Length of 24 Feet of such Wall, — ^then such external Wall 
may be built of the Thickness of 13 Inches, of any Height not exceed- 
ing 18 Feet, within any Story, although the Rate of the Wall may 
require a greater Thickness, bat always upon eonditiAn that the Sub- 
structure <^ sudi Wall is 4 Indies tiiicker at the least than such Super- 
structure, and vertically under it. 

And also if any such Wall be abutted by cross or return Walls within a 
Length of 12 Feet, and if not more than One Aperture or Recess occur 
within such Length of 12 Feet, and not more than One Half the Quan- 
tity in Length be taken out of such Compartment of a Wall by any such 
Aperture or Reoesfi, — ^then such external Wall may be built of any 
Thickness not less than 13 Inches, notwithstanding the Rate of such 
Wall may require a greater Thickness. 



Part II. — External Walls. 
Construction and MateridU, 

And with regaid to the eomponent Materials of external Walls to Build- 
. ings of whatever Classr- 

Every such Wall must be built of sound Bricks or of Stone, or of such 
Bricks and Stone together, laid in and with Mortar or Cement in such 
Manner as to produce solid Work; and every such Wall must be 
carried up of its full Thickness to the under Side of the Plate under 
the Roof. 

Nevertheless in such Walls, besides all requisite Openings for Doors and 
Windows, Recesses jnay be formed, so that the Back thereof be of 
the' Thickness of Bight Inches and a Half at the least, and so that 
the Stability and Sufficiency of the Wall be not injuriously affected by 
making such Recesses. 

And.wit^. regard to other Substances than the component Materials 
. of external Wallsy^- 

There may be-saoh Wood and Iran as shaU be necessary. 

And every Plate, Lintel, Bond, Corbel, being of Wood, and every Wood- 
fnrick laid into any external WaU, and all Ends of Joists, of Girders, 
and of the Heads and SiUs of Partitions running into any external Wall, 



134 METROPOLITAN BUILDINGS ACT. 

must he fixed at a Distance from the external Face of the Wall of 
Four Inches at the least. 

And the Frames of Doors and Windows must be fixed in Reveals at 
a Distance from the oxtemal Face of the Wall of Four Inches at the 

least. 

And Shop Fronts must be fixed in such Maimer as is herein qpectally 
directed. 

And the Tiers of Door Cases to Warehouses must be fixed in the Ox)en- 
ings left in such Walls at a Distance from the external Face of the 
Wall of Two Inches at the least. 

But no Timber must be laid into any external Wall in such Manner or 
of such Length as to render the Part of the Wall above it wholly or in 
great Part dependent upon the Wood for Support, or so that any such 
Wood might not be withdrawn without endangering the Safety of the 
superincumbent Structure, except in the case of Brestsummers. 

Height and Thickness of Parapets, 

And with regard to external Walls, in reference to the Height and Thick- 
ness of any Parapet thereon, — 

If an external WaU adjoin a Gutter, — ^then such external Wall must be 
carried up, and remain One Foot at the least above the highest Part of 
such Gutter. 

And the Thickness of an external WaU so carried up above the Level of 
the under Side of the Gutter Plate, and forming a Parapet, must be at 
the least, — 

In every such Wall of the extra First Rate of the First Class, and 
in every such Wall of the First Rate of the Second Class, 13 
Inches Thick ; and — 

In every other external Wall, of whatever Rate or whichever Class, 
8^ Inches thick. 

Brestsummers. 

With regard to every Brestsummer fixed to carry any front Wall of a 
Building, — 

If such Brestsummer have a Bearing at one End upon a Party-Wall, — 
then it must be laid upon a Template or Corbel of Stone or Iron, 
which Template or Corbel must be tailed through such WaU at least 
Two Thirds of the Thickness thereof; and the End of such Brestsum- 
mer must not be fixed into, and must not have its Bearing solely upon, 
such Party-WaU, but must be supported by a suflScient Pier built of 
Brick or Stone, or by an Iron Column, or Iron or Timber Story Post 
fixed on a soUd Foundation. 

And if any such Brestsummer have its Bearing at each End upon a 
Party-WaU,— then it must be supported by at least Two sufficient 



8CHBDULB (d. PART II.) ^EXTERNAL WALLS. .135 

Pien built of Brick or Stone, or by Iron Columns, or by Iron or 
Timber Story Posts fixed on solid Foundations, and standing within 
and clear of the Party-Walls. 

Or any such Brestsummer may bear upon constructed Returns, in the Di- 
rection of the Ijength of the Brestsummer, of Four Inches at the least, 
coursed and bonded with the Substance of the Party. Wall or Party- 
Walls ; and such constructed Returns must be increased One Inch at 
the least for every Six Feet in Length that the Brestsummer may be 
otherwise unsupported. 

And if the Height of the under Side of any Brestsummer laid from Party- 
Wall to Party-Wall to carry any external Wall exceed 15 Feet from 
the Surface of the public Foot Pavement in front of the Building, — 
then there must be constructed Returns in the Direction of the 
Length of the Brestsummer from the Inside of each Party-Wall of 8^ 
Inches at the least, and at the . least of the full Thickness of such 
Brestsummer; and every such Return must be increased One Inch at 
the least for every Foot or Part of a Foot the Brestsummer may be in 
Height from the Surface of the public Foot Pavement more than 16 
Feet, whether the Brestsummer be otherwise supported or not. 

Materials to be used in Repairs. 

And with regard to old external Walls or other external Inclosures of any 
Building ^eady built, in reference to Materials to be used in the Repair 
thereof, — 

If any such Wall or Indosure be not built of the Materials required by 
this Act for external Walls or other external Inclosures hereafter' to 
be built, — ^then every Part of such W^all or other external Inclosure 
(except the Inclosure of Roofs, and the Flats, Gutters, Dormers, Turrets, 
Lantern Lights, and other Erections thereon), may be at all Times 
thereafter repaired with Materials of the same Sort as those of which 
such external Wall or Inclosure has been already built. 

Materials to be used in rebuilding. 

But if any such external Wall or Inclosure be at any Time hereafter taken 
dovm or otherwise demolished for the Height of One Story, or for a 
Space equal to One Fourth of the whole Surface of such external Wall, 
— ^then every Part thereof not built in the Manner and of the several 
Materials by this Act directed for external Walls must be taken down, 
and the same must be rebuilt in such Manner, and of such Materials, 
and in all respects as by this Act directed for external Walls hereafter 
to be built, according to the Class and Rate of the Building to which 
such external Wall or Inclosure shall belong. 

External Wall used as a Party- WaH 
And with regard to external Walls to be used as Party-Walla to any 



136 MXrHOVOUTAI^ HUILDIK08 ACT. 

Binlding ac^oming thereto ^exeept ant<-a;bUched:BaQdmg or Office as is 
herein-biBftwe deseribed),*^— 

If the external Wall of any Building have not such Footings, or be not of 
such Heights and Thicknesses, or be not built ia such Manner and of 
such Materials as are herein directed for Party^Walls of Buildings of 
the highest Rate to which such Wall shall' adjoin,-4hen such external 
Wall must not be used as a Party-Wall for any suefa Bxdlding; but 
there must be a distinct external Wall built as herein described for 
external Walls of the Rate to which it shall belong. 

But if such external Wall to any Building ahready built be at the least 
13 Inches in Thickness in erery Part, and be of sound and proper 
Materials, and in good Condition, — then such Wall may be used as a 
Party-Wall; but if the House of which such Wall forms a Part be 
rebuilt within Five Years from the Time at which the Wall shall have 
been so first used as a Party-Wali,-^then such Wall must become sub- 
ject to the Provisions of this Act in vespect of Party-WaBs, according 
to the Class and Bate to which the said Wall did first belong. 



Part IIL—Pabty-Walls. 

. DiMttm qfBmldmgs. 

And with legaid to Walls used to divide single Buildings into Two or 
more, — 

If it be intended to divide any Building into Two or more distinct Parts, 
--then every Wall for that Purpose must be built as a Party-Wall in 
the Manner and of the Materisds, and of the several Heists and Thick- 
nesses for Party-Walls of the highest. Rate of Building to whidi 

If such Party-WaU shall belong or adjoin, as prescribed in reference to 
the Thicknesses of Party-WaUa in Schedule (C.) 

And if any Building already 'built or which shall be hereafter built be 
converted, used, or occupied -as Two or more separate Buildings, each 
having a separate Entrance and Staircase, — ^then every such Building 
shall be deemed to be Two or more separate Houses, and such separate 
Houses must be divided .from each other by a. Pairty-Wall or Party- 
.Arch or Arches built in the Manner and of the Materials required for 
Party-Walls, or for Party-Arches, for the Class and Rate to which the 
largest of the BuildiuLgs so divided shall beloi^. 

Site of WatU, 

With regard to Party-Walls, in reference to the Site thereof,-*^ 

If the Buildings be of equal Rate, — ^then such Party-Wall must be built 
on the Line of Junction of such Buildings, One Half on the Ground 
of the Owner of one of such Buildings, and One Half on the Ground 
of the Owner of the other of such Buil^ngs. 

If such Buildings be of different Rate8,*-thfiu such W^dl must be built oli 



8CHBSULS (d. part IIl.)^^PAllTr^- WALLS. 137 

the Line of Jimction thereof, as fbllotrs ; that is to say. One Half of 
the Thickness of the Wall required for the Building of the lower Rate 
on the Ground of each of the adjoining Owners ; and the whole of the 
additional Thickness of ^he Wall reqoir^ for the Building of the higher 
Rate on the Ground of the Owner of such Building of the higher Rate. 

And if such Building of the lower Rate be thereafter enlarged or altered 
80 as to become a Building of a higher Rate, — ^then the Owner of such 
first-mentioned Building of the higher Rate for the Time being shall be 
entitled to receive from the Owner of such Building of the lower Rate 
such Sum of Money as shall be a sufficient Compensation for the Ground 
occupied by that Portion of the Party-Wall, which according to the 
Rate of the Building enlarged ought to have been built by its Owner on 
his own Ground, as well as the Value of so much of the Wall itself as 
may be more than the Owner of such Building of the lower Rate had 
already paid for. 

Corutruction and Materiab. 

And with regard to Party-Walls, in reference to the component Materials 
thereof, — 

Every Part of such Party-Wall mnst be bailt of sound Bricks or of Stone, 
or of such Bricks and Stone together, laid in and with Mortar or 
Cement in such Manner as to produce solid Work. 

And as to the Wood-work 't^ch it may be desired to connect with the 
Party-Walls of any Building, — ^The bearing Ends of wooden Beams, 
Brestsummers, Girders, Trimming Joists, and ^e Ends of Partition- 
Heads and Sills, and the bearing Ends of the main Timbers of a Roof, 
and Wood-bricks, may be laid into the Substance of a Party-Wall ; but 
no such Beam, Brestsmnmer, Girder, Joist, Partition-Head, or Sill, nor 
any Part of a Roof being Wood, nor any Wood-bricks, must be laid or 
placed within Four Inches of the Centre of any Party-Wall ; and no 
other Wood-work Df any Kind must be laid into, placed upon, or be ruh 
or driven into any Part of the Substance of any Party-Wall. 

But if the Ends 4f Tinibers be carried on Iron Shoes or Stone Corbels,--^ 
then anch Iron Shoes or Stone Corbels must be built into the Wall 
at the least One Half of the Thickness of sUch Wall. 

And the Top of every such Party-Wall must be finished with one Course 
of sound Stock Bricks, set on edge with good Cement, or by a Coping 
of any other properly secured and sufficient Water-proof and Fire-proof 
Covering. 

Height qf Party-WaUs above Roqf, 

And with regard to Party- Walls, in reference to the Height thereof, — 

If a Party-Wall adjmn to any Roof, — ^then such Party-Wall must be 
carried upland remain One Foot Six Inches at the least above the Part 
where the Party.*WaU and Roof adjoin, measured at a Right Angle With 
the Back of the Rafters of such Roof. 



138 METROPOLITAN BUILDINGS ACT. 

And if any Party-Wall in any Building of the Fint Claas adjoin a Gutter, 
— ^then such Party-Wall must be carried up, and remain Two Feet at 
the least above the highest Part of any such Gutter. 

And if any Party-Wall in any Building of the Second Class adjoin a 
Gutter, — then such Party-Wall must be carried up, and remain Three 
Feet at the least above the highest Part of any such Gutter. 

If there be fixed within Five Feet of a Party-Wall, upon the Flat or Roof 
of the Building, any Turret, Dormer, Lantern Light, or other Erection 
of combustible Materials, — ^then every such Party- Wall must be carried 
up next to every such Turret, Dormer, Lantern Light, or other Erection, 
and must extend One Foot Six Inches higher and One Foot Six Inches 
wider than any such Erection on each Side thereof. 

Openings in Party-Walls, 

And for the Purpose of regulating the making of Openings through any 
Party- Wall between one Dwelling-House and another, whereby Two 
or more Dwelling-Houses shall be united, — 

With regard to any DweUing-Honses of any Rate, — Such Dwelling- 
Houses may be united by Means of Openings in the Party-Walls. 

But with regard to any Dwelling-Houses which when so united will con- 
tain more than Fourteen Squares, — 

If such Dwelling-Houses shall be and continue to be in the same Occu- 
pation, — then upon its being declared by the Official Referees that in 
their Opinion the Stability and Security from Fire of any or either of 
such Dwelling-Houses will not be endangered by making such Open- 
ings, they may be made accordingly. 

Recesses and Chases, 

And further, with regard to any Party-Wall, as to Recesses and as to 
Chases in such Wall, — 

In every Story, Recesses may be formed, but only with the Consent and 
Authority of the Official Referees first had and obtained, and so that 
such Recesses be arched over, and so that the Back of any such 
Recess be not nearer than Seven Inches to the Centre of the Party- 
Wall in the first or lowest Story, nor nearer than Four Inches to the 
Centre of the Party-Wall in any other Story, and so that the Stability 
and Sufficiency of such Party-Wall be not injuriously affected thereby. 

If any Chases be required for the Insertion of Ends of Walls, of Piers, of 
Chimney- Jambs, of Withes of Flues, of Metal Pipes, or of Iron Story 
Posts, — then every Chase for any such Purpose must not be left or 
be cut nearer than Four Inches at the least to the Centre of a Party- 
Wall, nor within a Distance of Nine Inches at the least from any front 
or back Wall, and no Two such Chases must be made within a Distance 
of Seven Feet Six Inches at the least from, each other on the same 



8CHBDULB (d. PARTS IV. V.) INTBRMIXBO PROPERTY. 139 

Side of a Wall, and no such Chase must be formed wider than Nine 
Inches. 



Part IV. 

PaBTT-WaLLS and PaRTT-ArCHBS BKTWSCSr INTBRMIXBD PbOFBRTT. 

And with regard to any Building already built, haying Rooms or Floors, 
the Property of different Owners, which lie intermixed, without being 
separated by any Party-Wall or Party-Arch or Stone Floor, — 

If any such Building be altogether rebuilt or to the Extent of One Fourth 
of the cubical Contents thereof, — then such intermixed Properties 
must be separated from each other, as follows : 

If they adjoin vertically, — ^then so far as they adjoin vertically they must 
be separated by a Party-Wall. 

If they adjoin horizontally, — ^then so far as they adjoin horizontally they 
must be separated either by a Floor formed of Brick, Tile, Stone, or 
other proper and sufficient incombustible Materials, subject to the Con- 
sent of the Official Referees, or by a Floor formed of Iron Girders 
and Brick Arches, or Stone Landings, or Tiles, or by a Party-Arch or 
Party-Arches of Brick or Stone of the Thickness of Nine Inches at 
the least, if the Span do not exceed Nine Feet, and Thirteen Inches 
at the least if the Span exceed Nine Feet ; and such Floor or Party- 
Arch or Party-Arches must be built with sufficient Abutments, and 
in a sufficient Manner. 



Part V. 

Buildings over public Wats. 

And with regard to Buildings extending over any public Way, as to the 
Part thereof which extends over such Way, so far as* relates to the 
Separation of such Part from such public Way, — 

If such Part be rebuilt, — ^tben it must be separated from such public Way 
either by a Floor or Arch formed of Brick or Stone or of other in- 
combustible Materials, subject to the Consent of the Official Referees, 
or by a Floor formed of Iron Girders, and Brick Arches, or Stone' 
Landings, or by an Arch formed of Brick or of Stone ; which Arch, if 
the Span thereof do not exceed Nine Feet, must be of the Thickness 
of Nine Inches at the least, and which, if the Span exceed Nine Feet» 
must be of the Thickness of Thirteen Inches at the least. 

And such Floor or Arch, with its Abutments, must be built in such 
Manner as shall be approved of by the Surveyor ; but there must not 
be formed over any public Way a Ceiling of Lath and Plaster, or of 
Lath and Cement. 



140 METROPOLITAN BUILDIKOS ACT. 

SCHEDULE (E.)--{we § 5.) 

Rules concenimg external Projections. 

Porticoes pn^ected over public Ways. 

And with regard to the Portico or Porticoes of any Church, Chapel, 
Theatre, or other public Building of the Third Class, — . 

If the Building of the same shall have been previously sanctioned by the 
Official Referees^ by Writing under their Hands, and if Objection be 
not made by any Party interested within One Month thereafter, mA if, 
upon such Objection or Appeal, Her Majesty's Principal Secretary of 
State acting for the Home Department do not decide in favour thereof, 
-^then such Projections may be built over the Foot Pavement of any 
Street or Alley which shall be Fifty Feet viidc at the least (notwith- 
standing any Act heretofore passed to the contrary).- 

Pr((fection9jrom Faee-Waili, ^c. 

And further, with regard to Buildings hereafter to be built or rebuilt, in 
reference to Projections therefrom, — 

As to Copings, Parapets, Cornices to overhanging Hoofs, Blocking-Courses, 
Cornices, Piers, Column^, Pilasters, Entablaturest Facias, Door and 
Window Dressings, or other Architectural Decorations, forming Part of 
an external Wall,— *A11 such may project beyond the general Line of 
Fronts in any Street or Alley, but they must be built of the same Mate- 
rials as are by this Act directed to be used for building the external 
Walls to which such Projeo^ns belong, or of such other proper 
and sufficient Materials as the Official Referees may approve and permit. 

And as to all Balconies, Verandahs, Porches, Porticoes, Shop Fronts, 
open Inclosures of open Areas, "and Steps, and Water Pipes, and to all 

. other Projections from external Walls not forming Part thereof^— -^yery 
such Projection (except such Part of Shop Fronts, and the Frames and 
Sashes of the Windows and Doors, in reference tp the necessary Wood- 
work thereof,) may stand beyond the general Line of Fronts in any 
Street or Alley, but they must be built of Brick, Tile, Stone, Artificial 
Stone, Slate, Cement, or Metdl, or other proper and sufficient Fire-proof 
Materials ; and they must be so built as not to overhang the Ground * 
belonging to any other Owner, and so as to obstruct the Light and Air 
or be otherwise injurious to the Owners or Occupiers of the Buildings 
adjoining thereto on any Side thereof. 

Prt^ectUma from Walk qf Buildings over public Ways. 

And vdth regard to all Buildings hereafter to be built or rebuilt, in 
reference to Projections from the Walls of such Buildings, including 
Steps, Cellar Doors, and Area Inclosures, — ^The Walls of all such Build- 
ings must be set back so that all Projections therefrom, and also all 
Steps, Cellar Doors, and Area Inclosures, shall only overhang or occupy 



SCHBDVLS (l.) PBOJBCnONS. 141 

the Oronnd of the Owaer of such Buikliiig, without OYerhanging or 
encroaching upon any public Way. 

Prqjeeied BuUdiruft beyond the general Line qfBuildhige and from other 
external Walls. 

And with regard to Buildings already built or hereafter to be rebuilt, as 
to Bow Windows or other Projections of any Kind, — 

Such Projections must neither be built with nor be added to any Build- 
ing on any Face of an external Wall thereof, so as to extend beyond 
the general Line of the Fronts of the Houses (which general Line may 
be determined by the Surveyor), except so far as is herein-before pro- 
vided with regard to Porticoes projected over public Ways, and with 
regard to Projections from Face-Walls and Shop Fronts, nor so as to 
overhang the Ground belonging to any other Owner, nor so as to 
obstruct the Light and Air or be otherwise injurious to the Owners or 
Occupiers of the Buildings a4Joining thereto on any Side thereof. 

Prqfections fiiiin instdated Buildmge, 

Provided always, with regard to any insulated Buildings, that if the Pro- 
jections be at the least 8 Feet from any public Way, and if they be 
at least 20 Feet from any other Building not in the same Occupation, 
— ^then such Projections are excepted from the Rules and Directions of 
this Act. 

Wooden Shop Fronts and Shutters, 

And with regard to Shop Fronts and their Entablatures, their Shutters, 
and Pilasters and Stall Boards made of Wood, — 

If the Street or Alley in which such Front is situate be of less Width 
than 30 Feet, — ^then no Part of such Shop Front must be higher 
in any Part thereof than 15 Feet ; nor must any Part, except the 
Cornice, project from the Face of a Wall, whether there be an 
Area or not, more than Five Inches ; nor must the Cornice project 
therefrom more than 13 Inches. 

If the Street or Alley be of a greater Width than 30 Feet, — ^then no 
Part of such Shop Front, except the Cornice, must project from the 
Face of a Wall, whether there be an Area or not, more than 10 
Inches; nor must the Cornice project therefrom more than 18 
Inches. 

And the Width of such Street or Alley must be ascertained by measuring 
the same, as herein-after directed vdth regard to the Widths of Streets 
and Alleys. 

And the Wood-work of any Shop Front must not be fixed nearer than 
4 and a half Inches to the centre Line of a Party-Wall. 

And with regard to such Wood-work, if it be put up at such Distance 
of 4 and a half Inches, — ^then a Pier or Corbel built of Stone or of Brick 
or other incombustible Material, and of the Width of 4 and a half 



142 MBTROFOLITAN BUILDINGS ACT. 

Inches at the least, must be fixed in the Line of the Party-Wall, so as 
to be as high as such Wood-work, and so as to project One Inch at 
the least in front of the Face thereof. 

And the Height of every Shop Front must be ascertained by measuring 
from the Level of the public Foot Pavement in front of the building. 

And every Sign or Notice Board fixed against or upon any Part of any 
House or other Building standing close to any public Way must be so 
fixed that the Top shall be within 18 Feet at the most above the Level 
of such public Way. 



SCHEDULE (F.)--(»ee § 5.) 

Rules concerning Chimneys hereafter built or rebuilt. 

Construction, 

With regard to Chimneys and Chimney-Stacks, except angle Chimneys, in 
reference to the Construction thereof, — 

The Foundations and Footings of every such Chimney and Chimney- 
Stack must be built similar to those of the Wall in or adjoining to which 
it shall be. 

And every such Chimney and Chimney-Stack must be built from the 
Foundation to the Top thereof vdthout any corbelling over, whereby any 
upper Part of the Brick-work of such Chimney or Chimney-Stack shaU 
overhang any lower Part of the Brick-work on the Front thereof. 

Nevertheless, with regard to Buildings of the First Rate and extra First 
Rate, — The Jambs, Breast, and Rue of any single Chimney may be built 
upon Brick, Stone, or Iron Corbels above the CeiUng of the Third 
Story of every such Building. 

And with regard to Buildings of the Second and Third Rates, — The 
.Jambs, Breast, and Flue in any single Chimney may be built upon 
Brick, Stone, or Iron Corbels above the Ceiling of the Second Story of 
every such Building. 

Bat the Projection both of such Jambs and Breasts must not in any Case 
exceed Nine Inches before the Face of the Wall or Stack to which the 
same shall adjoin. 

And with regard to angle Chimneys, — Such Chimneys may be built in 
the internsd Angle of any Building, so that the Width of the Breast 
thereof do not exceed Five Feet, and so that it be properly supported 
on Iron Girders with Brick Arches, or on strong Stone Landings not 
less than Four Inches thick, and tailed at least Nine Inches into each of 
the Two Walls forming such Angle. 

Dimensions and Materials. 

And with regard to Chimneys, in reference to the Dimensiona of the 
Jambs thereof,— 



SCHBDULB (p.) CHIMNBT8. 143 

The Jambs of every Chimney must not be less than 8 and a half Inches 
Wide on each Side of such Opening. 

And with regard to Chimneys and Flues, in reference to the Thickness 
of the Brick-work thereof, — 

The Breast of every Chimney, and the Front, Back, Withe, or Partition 
of every Flue, must be at the least 4 Inches in Thickness of sound 
Bricks, properly bonded, and the Joints of the Work must be filled in 
with good Mortar or Cement, and all the Inside thereof, and also the 
Outside or Face thereof next the Interior of any Building, must be ren* 
dered or pargetted. 

And with regard to Flues, in reference to the Dimensions thereof, no 
Flue may be used for a Smoke Flue which is of less internal Diameter 
in any Section than 8 and a half Inches. 

Timber or Wood-work. 
And with regard to Chimneys, in reference to Timber, — 

No Timber must be placed over any Opening for supporting the Breast 
of any Chimney, but there must be an Arch of Brick or Stone over 
the Opening of every such Chimney, to support the Breast thereof, and 
an Iron Bar or Bars must be built into the Jambs, at the least Nine 
Inches on each Side, to tie in the Abutments whenever the Breast pro- 
jects mere than 4 and a half Inches from the Face of the Wall, and the 
Jamb on either Side is of less Width than Two Thirds of the Opening. 

And no Timber or Wood-work must be placed or laid in any Wall under 
any Chimney-Opening within 18 Inches at the least of the Surface of 
the Hearth to the Fireplace of such Chimney Opening. 

And as to any Timber or Wood-work, in reference to the fixing thereof in 
or against any Wall containing Flues or against any Chimney-Breast or 
Chimney-Jamb, — 

If Timber or Wood-work be afiixed to the Front of any Jamb or Mantel, 
or to the Front or Back of any Chimney or Flue, — then it must be fixed 
by Iron Nails or Holdfasts, or other Iron Fastenings, which must not be 
or be driven nearer than Four Inches to the Inside of any Flue or to 
the Opening of any Chimney, and such Timber or Wood-work must not 
be nearer than Nine Inches to the Opening of any Chimney. 

And no Timber must be laid or placed within Three Inches of the Face, 
or Breast, Back, Side, or Jamb of any Flue, or of any Chimney Open- 
ing, where the Substance of Brick-work or Stone-work shall be less 
than 8 and a half Inches thick, nor must any Flooring-Board, Batten, 
Ground Skirting, or other Linipg or Fitting of Wood, nor any Wood 
Staircase, nor any thing else of Wood, be fixed or placed against or 
near to the Face, or Breast, Back, Side, or Jamb of any Flue, Fireplace, 
or Chimney Opening, unless and until the Brick or Stone-work consti- 
tuting the same shall have been thoroughly and efficiently rendered or 
pargetted with proper Mortar or Stucco, and such rendering must be 



144 METROPOUTAN B)aXI.PIN09 ACT. 

in every Case in addition to Vom Inehe^ at lank of solid Fire-pzvof 

Stracture. 

Slab9 and Hearths, 

And a Slab or Slabs of Brick, Tile, Stone, Slate, Marble, or other proper 
and sufficient Substance, at the least 12 Inches longer than the Opening 
of every Chimney when finished, and at the least 18 Inches in front 
of the Arch over the same, must be laid before the Opening of every 
Chimney. 

And in every Floor, except the lowest Floor* such Slab or Slabs mnst be 
laid wholly upon Stone or Iron Bearers, or upon Brick Trimmers; but 
in the lowest Floor they may be laid on a Brick Fender, or bedded on 
the solid Ground. 

And the Hearth of every Chimney must be laid ai4 bedded wholly on 
Brick or Stone, or other incombustible Substance, which must be solid 
for a Thickness of Nine Inches at the least, beneath the Surface of any 
such Hearth. 

Backs, 

And as to the Back of every Chimney Opening of every Building (except 
Backs of Chimneys in the lowest Story of Buildings of the Fourth 
Rate),— Every such Back, in the lowest Story, must be at the least 13 
Inches thick from the Hearth to the Height of 12 Inches above the 
Mantel, and in every other Story at the least 8 and a half Inches thick 
up to the same relative Height* 

And as to the Backs of Chimney Openings in the lowest Story of Build- 
ings of the Fourth Rate, — Such Backs must be at the least 8 and a 
hidf Inches thick to the Height of 12 Inches at the least above the 
Level of the Mantel : 

Provided always, that if the Chimney be built in any Wall, not being a 
Party- Wall, — ^then the Back of every such Chimney Opening may be 4 
and a half Inches less than the several Thicknesses above described. 

Chimney Openings^ Bach to Back, 

And as to Backs of all such Chimney Opeiungs, — If Two Chunneys be 
built Back to Back, — ^then the Thickness between the same must be at 
the least of the Thickness herein-before described for the Back of One 
Chimney Opening. 

Angles qf Flues, 

And as to all Flues, in reference to the Angles thereof, — 

If any Flue be built with sufficient Openings in it of not less Size than 
Nine Inches square, and proper close Iron Doors and Frames inserted 
in such Openings, so that every Part of such Flue may be swept by 
Machinery, — then every Angle in such Flue may be of any Degree. 

But if it be not so built— then every such Angle must be 135 Degrees at 
"^<j least. 



8CHEDULB (f.) CHIMNEYS. 145 

And every salient or projecting Angle within a Fine must be rounded off 
Four Inches at the least, and protected by a rounded Stone or Iron 
Bar. 

Close FireB. 

And as to every Oven, Furnace, Cokel, or close Fire used for the Purpose 
of Trade or Manufacture, — It must be Six Inches at the least distant 
from any Party-Wall, and must not be upon nor within a Distance of 18 
Inches of any Timber or Wood-work. 

And the Floor on or above which such Oven, Furnace, Cokel, or close 
fire shall be built or fixed must be formed and paved under, and for a 
Distance of Two Feet all round the same, with Stone, Brick, Tile, or 
Slate, at the least Two Inches thick, or other proper incombustible and 
non-conducting Materials. 

Chimney'Shafts, 

And as to Chimney-Shafts or Flues, — 

Every Chimney-Shaft or Flue hereafter built, raised, or repaired must be 
carried up in Brick or Stone-work all round, at least Four Inches thick, 
to a Height of not less than Three Feet above the highest Part of such 
Portion of the Roof, Flat, or Gutter adjoining thereto, measured at the 
Point of Junction. 

And as to any Chimney-Shaft (except that of a Steam Engine, Brewery, 
Distillery, or Manufactory), — The Brick or Stone-work of such Shaft 
or Flue must not be built higher than Eight Feet above the Slope, Flat, 
or Gutter of the Roof which it adjoins, measured from the highest 
Point of Junction, unless such Chimney-Shaft be built of increased 
Thickness, or be built with and bonded to another Chimney-Shaft, 
or be otherwise rendered secure. 

And as to the Chimney-Shaft for the Boiler Furnaces of any Steam 
Engine, or fDr any Brewery, Distillery, or Manufactory, — Such Shaft 
may be erected of any Height, so that it be built in such Manner and 
of such Strength and Dimensions as shall be satisfactory to the Official 
Referees, upon special Application in each Case. 

Chinmey-PotSj TubeSj 8fe, 

And as to Earthen or Metal Chimney-Pots, Tubes, Funnels, or Cowls of 
any Description whatsoever, — If such Pot, Tube, Funnel, or Cowl be 
higher than Four Feet above the Brick or Stone-work of the Flue on 
which the same shall be placed, then it must be fixed Two Feet at the 
least into the Brick or Stone-work of the Flue on which it shall be 
placed. 

Smoke Pipes. 

And as to any Metal or other Pipe or Funnel for conveying Smoke, 
heated Air, or Steam, in reference to the position thereof, — Such Pipe 
or Funnel must not be fixed t^nst or in front of any Face of any 



146 METROPOLITAN BUILDINGS ACT. 

Building in any Street or Alley, nor on the Inside of any Bonding 
nearer than 14 Inches to any Timber or other combustible MateriaL 

Cuttings into Chimneys, 
And as to every Chimney-Shaft, Jamb, Breast, or Flue already bnilt, or 
which shall be hereafter built, in reference to cutting the same, — ^No 
such Erection shall be cut into for any other Purpose than the Repair 
thereof, or for the Formation of Soot Doors, or for letting in, removing, 
or altering Stove Pipes or Smoke Jacks, except as directed for building 
an external Wall against an old sound Party-Wall. 



SCHEDULE (G.)— (*ffe § 5.) 
Rules concerning Roof Coverings. 
Materials, 
With regard to Roof Coverings, in reference to the Materials thereof, — 

If the external Parts of any Roof, Flat, or Gutter of any Building, or of 
any Projection therefrom, and of any Turret, Dormer, Lantern Light, 
and other Erection on the Roof or Flat of any Building, be hereafter 
built or rebuilt, stripped, ripped, or uncovered, — then every such Part 
(except the Door Frames and Doors, Window Frames and Sashes of 
such Turrets, Dormers, Lantern Lights, or other Erections,) must be 
covered with Slates, Tiles, Metal, Glass, artificial Stone or Cement, and 
such excepted Parts may be made of such Wood as shall be necessary. 

Rain4V(Uer Pipes, 

And with regard to the Roof, Flat, and Gutter of any Building, and of 
any Projection therefrom, and also Balconies, Verandahs, and Shop 
Fronts, — They must be so arranged and constructed, and so supplied 
with Gutters and Pipes, as to prevent the Water therefrom dropping 
on to or running over any pubhc Way. 



SCHEDULE (H.)— («ee § 5 & 51.) 

Rules concerning Drains to Buildings hereafter built. 

Drains into Sewers. 

With regard to the Drains of Buildings of any Class, and of every Addi- 
tion thereto^ — 

Before the several Walls of any such Building shall have been built to 
the Height of 10 Feet from their Foundations the Drains thereof must 
have been properly built and made good ; (that is to say,) If there be 
within 100 Feet from any Front of the Building, or from the Inclosure 
about the Building, a Common Sewer into which it is lawful and prac- 
ticable to drain, — ^then into such Common Sewer; and if there be 



SCHEDULES (o.) (h.) (i.) — ROOFS, DRAINS, &C. 147 

not in such Situation and within such Distance any such Common 
Sewer, — ^then to the hest Outlet that can he obtainedi so as to render 
in either Case such Drains available for the Drainage of the lowest 
Floor of such Building, or Addition thereto, and also of its Areas, 
Water-closets, Privies, and Offices (if any). 

And the Inside of the Main Drains under and from every Building for 
carrying off Soil must be in transverse Section at the least equal to a 
circular Area of at least Nine Inches in Diameter. 

And every such Drain must be laid to a Fall or Current of at the least 
Half an Inch to Ten Feet, and so as that the whole of every such Drain 
within the Walls of such Building shall be wholly covered over imder 
the lowest Floor, and independently thereof. 

And every such Drain within the Walls of such Building must be built 
and covered over with Brick, Stone, or Slate, and so as to render the 
Drain air-tight. 

And every Part of such Drain inside and outside the Walls of every 
Building must be built of Brick, Tile, Stone, or Slate, set in Mortar or 
Cement. 

Cesspools and Privies. 

And with regard to Cesspools and Privies, — 

If there be a Common Sewer within Fifty Feet from any Front of or from 
the Inclosure about any House or other Building, — ^then a Cesspool 
must not be made for the Reception of Drainage from such House or 
other Building, unless there be or shall be built a good and sufficient 
Drain from such Cesspool to such Common Sewer. 

And if any Cesspool be built under a House or other Building, — then 
such Cesspool must be built air-tight. 

And every Privy built in the Yard or Area of any Building, or under any 
Street or Alley, must have a Door, and be otherwise properly inclosed, 
screened, and fenced from public View. 



SCHEDULE (I.)— (we § 5 & 52.) 
Rules concerning Streets and Alleys hereafter formed. 
Width. 
With regard to every such Street or Alley hereafter to be formed, in 
reference to the Width thereof, — Every Street or Alley must be of at 
the least the following Width from Front to Front in every Part thereof 
respectively ; that is to say, — 

Every Street (excepting any Mews) must be of the Width of 40 Feet 
at the least ; but if the Buildings fronting any Street be more than 
40 Feet high from the Level of the Street, — ^then such Street 
must be of a Width equal at the least to the Height of the Build- 
ings above such Level. 



148 METROPOLITAN BUILDINOS ACT, 

Every Alley and every Mews must be of the Width of Twenty 
Feet at the least ; but if the Buildings fronting any Alley, or to 
any Mews, be more than Twenty Feet high from the Level of the 
Alley or Mews, — ^then such Alley or Mews must be of a Width 
equal at the least to the Height of the Buildings above such LeveL 

Entrance$ to Alleys. 

And with regard to every such Alley, in reference to the Entrance thereof, 
— Every Alley must have Two Entrances thereto, each being at the 
least of the full Width of the Alley, and one of the Two at the least 
open from the Ground upwards. 

Measurement of Width. 

And with regard both to such Streets and Alleys, — The aforesaid Width 
is to be ascertained by measuring (at Right Angles to the Course 
thereof) from Front to Front of the Buildkigs on each Side of such 
Street or Alley. 

SCHEDULE (K.)—see § 5 & 53.) 

Rules concerning Dwellino-Houses hereafter built or rebuilt, with 
regard to Back Yards and Areas, and Rooms under Ground and in the 
Roof. 

Baci Yards. 

With regard to Back Yards or open Spaces attached to DweHing- 
Houses, — 

Every House hereafker built or rebuilt must have an inclosed Back Yard 
or open Space of at the least One Square, exclusive of any Building 
thereon, unless all the Rooms of such House can be lighted and venti- 
lated from the Street, or from an Area of the Extent of at the least 
Three Quarters of a Square, above the Level of the Second Story, into 
which the Owner of the House to be rebuilt is entitled to open 
Windows for every Room adjoming thereto. 

And if any House already built be hereafter rebuilt, — ^then, unless i^ 
the Rooms of such House can be lighted and ventilated from the Street, 
or from an Area of the Extent of at the least Three Quarters of a 
Square, into which the Owner of the House to be rebuilt is entitled to 
open Windows for every Room adjoining thereto, there must be above 
the Level of the Floor of the Third Story an open Space of at least 
Three Quarters of a Square. 

And with regard to every Building of the First Class, — 

Every such Building must be built vnth some Roadway, either to it or to 
the Inclosure about it, of such Width as will admit to one of its 
Fronts of the Access of a Scavenger's Cart of the ordinary Size of luch 
Carts. 



BCHBDULE (k.) DWELLING-HOUSES. 149 

Lowermost Rooms, 

And with regard to the lowermost Rooms of Houses, being Rooms of 
which the Surface of the Floor is more than Three Feet below the Sur- 
face of the Footway of the nearest Street or Alley, and to Cellars of 
Buildings hereafter to be built or rebuUt, — 

If any such Room or Cellar be used or intended to be used as a separate 
Dwelling, — ^then the Floor thereof must not be below the Surface or 
Level of the Ground immediately adjoining thereto, unless it have an 
Area, Fireplace, and Window as required for Rooms and Cellars of 
existing Buildings let separately, and used as a separate Dwelling, and 
unless it be properly drained. 

And with regard to every such lowermost Room or Cellar in any exist- 
ing Building used or intended to be used as a separate Dwelling, — 

There must be an Area not less than Three Feet vdde in every Part, from 
Six Inches below the Floor of such Room or Cellar to the Surface 
or Level of the Ground adjoining to the front, back, or external Side 
thereof, and extendlag the full Length of such Side. 

And such Area, to the Extent of at least Five Feet long and Two Feet 
Six Inches wide, must be in front of the Window of such Room or 
Cellar, and must be open, or covered only vnth open Iron Gratings. 

And there must be made for every such Room or Cellar an open fire- 
place, with proper Flue therefrom. 

And there must be a Window Opening of at the least Nine Superficial 
Feet in Area, which Window Opening must be fitted vnth a Frame 
filled in v^th glazed Sashes, of which at the least Four and a Half 
Superficial Feet must be made to open for Ventilation. 

Attic Rooms, 

And with regard to Rooms in the Roof of any Building hereafter built 
or rebuilt, in reference to the Number of Floors of Rooms in the Roof, 
and to the Height of such Rooms, — There must not be more than one 
Floor of such Rooms, and such Rooms must not be of a less Height 
than Seven Feet, except the sloping Part, if any, of such Roof, which 
sloping Part must not begin at less than Three Feet Six Inches above 
the Floor, nor extend more than Three Feet Six Inches on the Ceiling of 
such Room. 

Rooms in other Parts. 

And with regard to Rooms in other Parts of the Building, in reference 
to the Height thereof, — Every Room used or intended to be used as a 
separate Dwelling must be of, at the least, the Height of Seven Feet 
from the Floor to the Ceiling. 



150 



3 

3 



fe 



3 



I 

5 

I 



•3 

;3 



3 . .-iss 

£ 





SCHEDULE (l.) FEES. 151 

fbr erery attached or detached Buflding, distinctly rated (except any 
such attached or detached Building huilt at the same Time as the 
Building to which it belongs, and carried up and covered in within 21 
Days after such Building shall have been covered in within the Mean- 
ing of this Act), such Fee as is hereby imposed in respect of Additions 
to or Alterations of Buildings of the Rate to which such attached or 
detached Buildings shall belong. 

Fee far AdeUiumt or Alteratumt, 

For every Addition or Alteration made to any Building (after the Roof 
thereof shall have been covered m) which liiall involve the Execution 
of Works subject to the Regulations of this Act, the following Fees ; 
that is to say, — 

£. «. d. 

If the BuUding be of the 1st Rate . .115 

Ditto . extra 1st Ditto . . 2 10 

Ditto . . 2d Ditto . . 1 10 

Ditto . . 3d Ditto . .15 

If the Building be of the 4th Rate, and contain 1 a 15 a 

more than Two Stories . . . . J 
If the Building be of the 4th Rate, and do not 1 n 10 
contain more than Two Stories . . . j 

And with regard to Buildings of the Warehouse Class, a further Fee, equal 
to One Half of the above Fees respectively, to be paid in respect of 
every additional 200,000 Cubic Feet, or any Portion of 200,000 Cubic 
Feet, in any such Building, beyond the first 200,000 Cubic Feet. 

Feet far special JhUies, 

For the following special Duties performed by any Surveyor, according 
to the Enactmente of this Act, where such Duties shall not be per- 
formed incidentally to the building or rebuilding of or adding to or 
altering any Building in respect of which any other Fees may be pay- 
able ; that is to say, — 

For attending to the cutting away of Chimney-Breasts for external 
WaUs,— 

£, 9. d. 

Ifthe Building be of the Ist Rate . .330 

Ditto . extra Ist Ditto . .330 

Ditto . . 2d Ditto 

Ditto . . 3d Ditto 



2 2 
110 



If the Building be of the 4th Rate, audi 
contain more than Two Stories . . j 

If the Building be of the 4th Rate, and do 1 a 10 6 
not contain more than Two Stories . J 

For condemning Party-Fence-Walls . . 10 6 



152 METROPOLITAN BUILDINGS ACT. 

For the Inspection and Removal of Projections 1 q i a q ^^^ 
and ruinous Buildings . . . . j 

For surveying Party-Walls not kept in repair, I of . 

and consenting to Notice of Repair being I 10 ^g*^ 

served J 

For inspecting Arches or Stone Roors over\ a m a '®* ^ 

pubUcWays J- u lu o 

For inspecting Formation of Openings in \ a ■, /. ^v ^o. ; 

Party-Walls | lU 

Fees fir special Servicee not eapressfy provided fir. 

Jo. 
For any Service performed by any Surveyor which is required by this 
Act, but not comprehended under any of the foregoing Heads, — , 

Such Fee, not exceeding £2., as the Official Referees shall by 
Writing under their Hands order and appoint, with the Consent 
of the Commissioners of Works and Buildings. 



[Schedule (M.) — Svmma&t. 



Ion to Buildings. 



of 

given. 



Place of Notice. 



Subaequent Proceedings. 



J.O... 

To. S. 

7o. 3. 
7o. 4. 

Jo. JS. 

Jo. 0. 
Jo. 7. 

lo. 8. 
^0.9. 

Jo. 10. 
Jo. 11. 

Jo. 12. 
Jo. IS. 
^O. U. 

>Jo. 16. 

>Jo. 16. 
>Jo. 17. 

!Jo. 18. 



^fo. 19. 
^io. 20. 



At the District Surveyor's 
CMBce. 

At the District Surveyor's 
Oflloe. 

At the District Surveyor's 

Office. 
At the Builder's Office, or 

Place of Building, or of 

Alteration. 
According to Sections as to 

Notifications. 



At the Official Referees' Office 



At the Official Referees' Office 



According to Sections as to 
Notifications. 

At the District Surveyor's 

and the Official Referees' 

Offices. 
To Building and a4Joining- 

Owners and Agents. 
According to Sections as to 

Notifications. 

At the District Surveyor's and 
Official Referees' Offices. 

To Building and adjoining- 
Owners and Agents. 

According to Sections as to 
Notifications. 

According to Sections as to 
Notificinons. 



According to Sections as to 

Notifications. 
According to Sections as to 

Notifications. 

According to Sections aa to 
Notifications. 

At the Official Referees' Office 
According to Sections as to 
Notifications. 



jf 20 Penalty for Neglect. Existing 
Buildinn altered, &c. without No- 
tice, to be abated as a Nuisance. 

4^20 Penalty for Neglect. 



i^20 Penalty for Neglect. 

Proceedings by Surveyor or Official 
Referees. 



To be stopped up. 



Survey and Approval or Disapproval 
bv Official Referees. Prohibition of 
Use of irregular Buildings of this 
Class, and Penalty of jer200 per Day 

Survey and Certificate. 



Inspection by Surveyor, § 24. 

Inspection by Surveyor, and report 
to Official Referees. 

Inspection by Surveyor, and report 

to Official Referees. 
Erection of Wall. 



Inspection by Surveyor, and report 

to Official Referees. 
Inspection by Surveyor, and report 

to Official Referees. 
Erection of Wall, or raising of Wall. 



Execution of Operations. 

Execution of Operations. 
Erection of Wall. 



If Consent not given. Commence- 
ment of Works must be delayed 
for Decision of Official Referees. 

Delay in commencing of Operations. 



SCHBDULB (m.) FORMS OF NOTICES. 153 

SCHEDULE (M.y-amtimied. 

Forms of Notices as to Works. 

Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 13., 1844. 

1. — Notice by the Builder to the District Surveyor Two JDayt before 
commencinff Operatiotu. 

I DO hereby give you Notice, That I intend to (1) and that 

C. D. of is to be the (2) of the Works to be executed ; 

and that the said Works will be begun on the Day of 

Dated this Day of (Signature and Address.) 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 13., 1844. 

2. — Notice by the Builder to the District Surveyor^ Two Days brfore 
reauminy Operations. 

I DO hereby give you Notice, That I intend to re-commence the (3) 
and that C. D. of is to be the (2) of the 

Works to be resumed ; and that the said Works will be continued on the 
Day of 
Dated this Day of (Signature and Address.) 

*4e* Certain Penalties are attached to Neglect in giving this Notice. 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 13., 1844. 

3. — Notice by the Builder to the District Surveyor as to Change qf Builder. 

I DO hereby give you Notice, That, with reference to the Works specified 
in my Notice of last E, F, (2) is to be 

placed in charge of the said Works, instead of C. D, the (2) 

mentioned in the said Notice. 
Dated this Day of (Signature and Address.) 



(\) I>e$cribing the Erection or intended Operation in general Temu, and whether 
it relate to amf qfthe/oiloioing Matters: — 
" The Erection of any Building ;" 
or ** The making of any Addition to or Alteration in any Building ;" 
or " The building, puUing down, rebuilding, cutting into, or altering any Party- 
Wall, external Wall, Chimney-Stack, or Flue ;" 
or The making of " any Opening in any Par^-Woll ;" 

or The doin^ of " any other JHatter or Thing by this Act placed undn the Su- 
pervinon of the' Surveyor." 
(3) Insert ''Architect," or ** Builder," or other Superintendent to hamecharge of the 
Works. 

(9) Describing in general Terms the Works referred to in Notice No, 1., and whidi 
Works may have been suspended Three Months. 



154 MBTROPOUTAN BUILDINGS ACT. 

Metrotolitan Buildings Act, 7 & 8 Vict. c. 84, s. 14., 1844. 

4. — Notice by the District Surveyor to the Builder at to any Thing done 
m the Erection of any Building not cot^ormably to the Act. 

I DO hereby give you Notice, That the (1) now in progress (2) 

situate in (3) is not conformable to the Statute 

in the Portions thereof under mentioned ; and I require you, within Forty- 
eight Hours from the Date hereof, to amend the same. 

Dated this Day of at the Hour of bytheOock. 

Note Irregularities referred to. (Signature.) 



Mbtbopolitan Buildings Act, 7 & 8 Vict. c. 84, s. 37., 1844. 

5. — Notice by an Owner or Occupier to an adjoining- Owner or Occupier 
to stop %^ an Opening in an external Wall abutting on his Premises. 

I do hereby give you Notice, That if within One Month from the Date 
hereof you do not stop up the Opening made in the external Wall of your 
Premises situate in (4) and which abuts on my (5) I shall, 

at your Expense, cause the same to be stopped up, conformably to the 
Statute. 

Dated this Day of (Signature and Address.) 



Forms of Notices as to Special Supervision. 

Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 15., 1844. 

6. — Notice by an Architect or Builder to the Official Referees as to Com- 
pletion of the Carcass of a Building subject to special Supervision. 

I DO hereby give you Notice, That the Buildiug now erecting under my 
Superintendence in (4) being a Building of the (6) 

and having been completed to the full Height of the Walls thereof, and 
the Timbers, Floors, Roofs, and Partitions being fixed, I require you, in 
accordance with the Statute, should you be of opinion that the Building 
is subject to special Supervision, to survey the same, and to certify 
accordingly. 

Dated this Day of (Signature and Address.) 

[%* A Penalty of £ 200 per Day for using any such Building without its 
being certified subsequent to Notice as above and following.] 

(1) Insert "Building," or "Alterations," or " Building Operations/' as the Case 
may be. 

(2) Insert "under your Superintendence," or "in the Building belonging to you," 
as the Case may be. , 

(3) Insert the Situation, as the Case may be. 

(4) Specify the Situation. (5) Insert " Ground " or " Building adjoining." 
(6) Insert "First Bate of Second Class," or "of the Third Class," as the Case 

may be. 



8CBEDDLB (m.) FORMS OF NOTICES. 155 

Metropolitan Buildinos Act, 7 & 8 Vict. c. 84, s. 15., 1844. 

7. — Notice by an Architect or Builder to the Official Referees as to Com- 
pletion qf Amendments t and of Buildings subject to special Supervision, 

I DO hereby give you Notice, That the Building now erecting under my 
Superintendence in (1) being a Building of the (2) 

and having been completed in pursuance of your Survey and Notice sub- 
sequent, I require you, in accordance with the Statute, to survey the 
same, and to certify accordingly. 

Dated this Day of (Signature and Address.) 

[%* This Notice will be used both vnth reference to the Completion of 
Amendments and to the entire Completion of a Building.] 



Forms of Notices as to Party -Walls, &c. 
Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 20. 21. 24. 25., 1844. 
8. — Notice to be given {Three Months before commencing Operations) by an 
Owner or Occupier ^ to an adjoining-Oumer or Occupier ^ that the 
Party- Wall or Party- Arch or Party-Fence- Wall is out of repair. 
I do hereby give you Notice, That I apprehend that the (3) 
or some Part thereof, on the Line of Junction between my (4) 
situate, &c., and the (4) thereto adjoining, situate 

on the Side thereof, is so far oiit of repair (5) as to render it 

necessary to (6) such Wall or some Part thereof; and that I intend to 
have such Wall surveyed, pursuant to the Statute ; and also that I have 
given Notice to the Surveyor of the District and to the Official Referees to 
survey the Premises for the Purpose of certifying the Condition of such 
Wall, and whether the whole or any Part thereof ought to be repaired or 
pulled down and rebuilt, and to certify accordingly. 

Dated this Day of (Signature and Address.) 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84. s. 20., 1844. 

9. — NoticCf in the same Case^ to the Surveyor and Official Referees* 

I do hereby give you Notice, That I apprehend that the (3) or 

some Part thereof, on the Line of Junction between my (4) 
situate in and the (4) thereto adjoining, situate 

(1) Specify the Situation. 

(a) Insert "Fi»t Rate of Second Claw,** or "of the Third Class," as the Case 
may be. 

(3) Insert "Party- Wall," or " Party- Arch," or " Party-Fence- Wall, aa the Case 
may be. 

(4) Insert " Home," w " Building," or " Ground," as the Caee map he. 

(6) Insert^ when required^ " or has been rendered dangerous and ruinous by cutting 
away Footings," or " Breasts," or " Chimney-Shafts. " 



ay Footings," or " Breasts," or " Chimney- shafts." 

;6) Insert "repair," or "pull down and rebuild," as the Case may be. 



156 METROPOLITAN BUILDINGS ACT. 

on the Side thereof, is so far out of repair (1) 

as to render it necessary to repair or pull down and rebuild such Wall or 
some Part thereof; and that I require a Survey thereof to be made, pur- 
suant to the Statute, and that in Presence of such One or more Surveyors 
or Agents appointed by me, as under mentioned, or by C. D. the Owner 
of the adjoining Property, for the Purpose of certifying the Condition of 
such Wall, and whether the whole or any Part thereof ought to be repaired 
or pulled down and rebuilt ; and I do hereby also intimate that I have 
served a Notice on C. D. to the like Eflfect. 

Dated this Day of (Signature and Address.) 

Names and Addresses of One or more Surveyors or 
Agents for BuUding^Owner. 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84. s. 20. and 24., 1844. 
10. — Notice f in the same Case, by the District Surveyor to the Building- 
Owner and adjoining- Owner f and such One or more Surveyors and 
Agents by them appointed, 
I Surveyor of the District, do hereby give you Notice, 

That, in pursuance of an Application made to the Official Referees and to 
me in that Behalf, it is my Intention to proceed to view the Premises (2) 
situate in for the Purpose of certifying the 

Condition of the (3) and whether any Part thereof is so far 

out of repair as to require to be either wholly or in part repaired or pulled 
down and rebuilt ; and such Survey I do intend to make on the 
Day of next, at by the Clock in the noon, in the 

Presence of any One or more Surveyors or Agents on behalf of the Build- 
ing-Owner and the adjoining-Owner. 

Dated this Day of (Signature and Address,) 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84. s. 33. 34., 1844. 
11. — Notice to be given (Three Months be/ore commencing Operations) by 
an Owner to an adjoining- Ovmer, 
I DO hereby give you Notice, that I intend to (4) and 

that I intend to have such (5) surveyed conformably to the 

Statute ; and that I have given Notice to the District Surveyor and to the 
Official Referees to survey the Premises, and to certify accordingly. 
Dated this Day of (Signature and Address.) 

(1) Insert^ when required^ " or has been rendered dangerous and ruinous by cutting 
away Footings," or " Breasto," or " Chimney-Shafts." 

(2) Designated by Number or other Name. 

(3) Insert " Party- WaU," or "Party-Arch," or " Party-Fence- WaU," as the Case 
may be. 

(4) Specify the Kind of Operation, as to whether it be intended— 

" To raise a Party- Fence- Wall ;" 
or " To repair or rebuild a Party. Fence- Wall ;" 
or "To pull down and rebuild Rooms in intermixed Property," &c. ; 
and specifying the SituaUon, fyc. 
'5) Insert " Party-Fcnce-Wall," or " Rooms in intermixed Property." 



8CBB0ULB (H.) — FORMS OF NOTICES. 157 

Mktbopolitan Buildinos Act, 7 & 8 Vict. c. 84. s. 33. 34., 1844. 
12. — Notieey in the tame Caeet to the Surveyor and Official Refereee* 
I DO hereby give you Noticei That I intend to (1) and 

that I require a Survey thereof to be made, pursuant to the Statute, and 
that in Presence of such One or more Surveyors or Agents appointed by 
me, as under mentioned, or by C. D. the Owner of the adjoining Property, 
for the Purpose of certifying whether the whole or any Part (2) 
ought to be pulled down and rebuilt ; and I do hereby also intimate that 
I have served a Notice on C. D, to the like Effect. 

Dated this Day of (Signature and Address.) 

Names and Addresses qf One or more Surveyors or 
Agents for BuUding-Ovmer. 



Metropolitan Buildinos Act, 7 & 8 Yicr. c. 84. s. 33. 34., 1844. 
13. — Notice, in the same Case, by the District Surveyor to the BuUdmg' 

Oumer and a^foining-Owner, and such One or more Surveyors and 

Agents by them appointed. 
I Surveyor of the District, do hereby give you Notice, 

That, in pursuance of an Application made to the Official Referees and to 
me in that Behalf, it is my Intention to proceed to view the Pre- 
mises (3) situate in for the Purpose of certifying 
whether any Part of such (4) require to be (5) 
and such Survey I do intend to make on the Day of 
next, at by the Clock in the noon, in the Presence of 
any One or more Surveyors or Agents whom the Parties concerned shall 
appoint for that Purpose. 

Dated this Day of (Signature.) 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84. a. 26., 1844. 
14. — Notice to be given {Three MontJa before commencing Operations) by 
an Oumer to an adjoining' Oumer, where no Survey is required, 
I do hereby give you Notice, That I intend to (6) 
pursuant to the Statute. 

Dated this Day of (Signature and Address.) 

(1) Specify the Kind of Operation, as to whether it be intended— 

" To nuM a Partv-Fence-Wall ; " 
or " To repair or rebuild a Party- Fence- Wall ; " 
or " To pull down and rebuild Booms in intennized Pr op er ty ," &c. ; 
mui gpecifying the Situation, $-0, 

(2) Specify the Kind of Operation intended. 

(5) Designated by Number or other Name. 
(4) Specify the Kind of Operation intended. 

(6) Insert "raiaed," or "repaired," or "pulled down and rebuilt," as the Case 
may be. 

(6) Speedy the Kind of Operation, as to whether it be intended-^ 

" To puU down a 'nmber Partition, and instead thereof to build a Party- Wall," 
or to rebuild a sound Party- Wall ; 
•r " To raUc a Party- WaU." 



158 MBTROPOLITAN BUILDINGS ACT. 

Metropolitan Buildings Act, 7 & 8 Vict. c. 84. s. 28., 1844. 
15. — Notice of Intention to build an external WaU against existing 

Party-Wall, and for that Purpose to cut away Footings, Breast, and 

Shaft of an existing Party-Wall, 
I DO hereby give you Notice, That it is my Intention, One Month after 
the Date hereof, to build an external Wall against the existing Party-Wall 
by which our Premises are parted, situate , and to cut away 

such Portion of the Footings or Chimney-Breast or Shaft in such Party- 
Wall as will be necessary for that Purpose. 

Dated this Day of (Signature and Address.) 



Metropolitan Buildings Act, 7 & 8 Vict.' c. 84., s. 38. 39., 1844. 
16. — Notice of Desire to build a Party- Wall on the Line ((f Junction 

of Two Pieces of vacant Ground. 
1 DO hereby give you Notice, That I desire to build partly on my Land 
or Ground aidjoining your vacant Ground, and partly on your vacant 
Ground, on the Line of Junction of the said Premises, (1) 
which will be of the under-noted Thicknesses and Dimensions; and 
should you consent thereto I require you to signify such Consent in 
Writing on or before the Day of next. 

Dated this Day of (Signature and Address.) 

Note qfthe Thickness and Dimensions. 

Metropolitan Buildings Act, 7 & 8 Vict. c. 84. s. 38. 39., 1844. 
17. — Notice qf Consent to the building of a Party- Wall on the Ltne qf 

Junction qf Two Pieces of vacant Ground, 
1 DO hereby give you Notice, That I consent to the building of a (1) 

partly on my Land or Ground adjoining your vacant Ground 
on the Line of Junction of the said Premises, which I require to be of the 
under-mentioned Thicknesses and Dimensions, and other Particulars. 
Dated this Day of (Signature and Address.) 

Note qf the Thickness and Dimensions, and other Particulars* 



Forms of Notices as to Modification or Dslat of 

intended Building Operations. 
Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 22. 23., 1844. 
18. — Requisition to a Building- Owner by an adjoining-Owner as to Modi- 
fication or Delay of intended Work on his Behalf 
I DO hereby give you Notice, That I require you to (2) 
the Works specified in your Notice of the Day of in 

(1) Inaert " Party- WaU," or " Party-Fence- WaU," or "external WaU," aathe Case 
-yigbe. 
'%) Ifuert " modify, as under-noted," or " delay untU the Day of ," 

"^e Case may be. 



SCHEDULE (m.) FORMS OF NOTICES. 159 

consequence of the Inconvenience and Loss that would arise to me if the 
same were executed at the Time proposed hy you ; and if you do not 
consent hereto, or dissent therefrom, within Days, then, in pur- 

suance of the Statute, you are hereby required to delay your intended 
Operations until the Official Referees shall have determined thereon. 
Dated this Day of (Signature and Address.) 

Note of Modifications. 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84, 8. 22. 23., 1844. 

19. — Notice by an adjotning-Otimer to the Official Referees as to the Modi- 
fication or Delay qf intended Works qfa Building- Owner, 

I DO hereby give you Notice, That CD. of having speci- 

fied in his Notice of the Day of certain Works to be 

executed subsequent to the Day of next, and I having 

served upon him a Requisition in reference to the (1) of the 

Works so intended by him, in consequence of the Inconvenience and Loss 
that would arise to me if the same were executed at the Time proposed 
by him, and he not having attended thereto, it is my Desire that a Survey 
be made, in pursuance of the Statute, with reference to such Works, and 
the Notices referred to. 

Dated this Day of (2) (Signature and Address.) 

Note of Modifications. 



Metropolitan Buildings Act, 7 & 8 Vict. c. 84, s. 22. 23., 1844. 

20.'^Notice by an adjoinmg-Owner to a Building-Oumer as to Applieatkm 
to the Official Referees for Survey of intended Works with r^erence to 
the Modification or Delay thereqf. 

I DO hereby give you Notice, That, in consequence of your not consent- 
ing to the (3) of the Works intended by you, as specified in 
my Requisition of the Day of last, I have applied to the 
Official Referees for a Survey of the Premises, pursuant to the Statute. 
Dated this Day of (2) (Signatu&e and Address.) 

(1) Imert "Modification as under-noted,'' or "Delay until the Day of 

,** as the Case may be. 
(a) Within Seven Days after the previous Requisition. 
(3) Insert " Modification," or " Delay," as the Case may be. 



INDEX. 



Abatement of Building, 

Where no notice of bidlding given — or Surveyor or Offidil Bdierees 

refosed admittance, 1. 13, p. 17. 
Bailder to enter into recognizance to abate irRf;alar baHdin^ a. 18, 

p. 25. 
Josticet may order, s. 18, p. 26. 
Acooont of Expenses, 

Delivery of^ to aidjoining-owner — to OiBdal Befierees — contracia and 

prices — appeal on to Official Referees — examination and certificate 

— amended account — certificate thereon — ooata of rramlnation, 

s. 47, p. 60. 
Act of Parliament, 

Statutes repealed, s. 1, p. 4 ; Sched. A. p. 118. 

Buildings authorized by Covent Garden Market Act, Sched. B. i p. 

120; s. 7, p. 10; s. 16, p. 21. 

■ by other Acts, id. 

by London Docks Act, Sched. B. iL p. 120; 

8. 7, p. 10. 

by East and West India Docks Act, ib. 

by London and Birmingham Railway Act, tf. 

————— by other Docks and Rt^way Acts, ib. 
Action, 

For irregularity in distress, form of, s. 100, p. 104 ; tender of amends, 

s. 101, p. 1P4 ; payment into Court, s. 101, p. 105. 
For acts done in pursuance of Statute — ^notice of— venue — ^plea — . 

defendant's costs, s. 108, p. 109 ; security for costs, s. 109, p. 110. 
Against owner for damage sustained by omission to send notice, 

s. 112, p. 114. 
Adjoining-Owner, 

Definition of, s. 20, p. 29. 

Proceedings by building-owner to perform works without the consent 

of, notices to, &c., s. 21, p. 30 ; s. 24, p. 33. 

to procure modification of work, s. 22, p. 30. 

• delay of work, s. 23, p. 31. 

building owner to repair or rebuild party-waQ at joint 

expense, notices to, s. 25, p. 36. 



INDBX. 161 

AdjoinSng-Owner, 

Proceedings by building-owner to rebuild sound party-wall at sole ex- 
pense, notice to, s. 26, p. 36. 
— ^— — — — to build external wall against party- 
wall, and cut into party-wall, &c., notice to, s. 28, p. 37. 

-to procure rebuilding of party-wall 



thereby made ruinous, s. 29, p. 39. 

• to repair, rebuild, or raise party-fence- 



wall, notice to, s. 32, p. 42. 

to pull down timber partitions, notice 



to, s. 33, p. 43. 

- to pull down party-wall or party-arch 



of intermixed buildings, notices to, s. 34, p. 44. 

Rebuilding by, of sound party-wall against which external wall has 
been built, s. 30, p. 41. 

Using raised party-wall, to contribute to expense, s. 31, p. 42. 

Using converted party-fence-wall as a party-wall, to contribute to 
expense, s. 32, p. 43. 

Right of entry by building-owner into premises of, s. 36, p. 45. 

Stopping up openings in neighbour's external ¥ralls, s. 37, p. 46. 

Of vacant ground, proceedings by building-owner to build half party^ 
wall thereon, notices, s. 38, p. 47. 

May have chimney-breasts, &c., made in party-wall, s. 39, p. 48. 

The proportion of expenses of works payable by, to building-owner, 
and finom whom recoverable, s. 46, p. 56; s. Ill, p. Ill; no pro- 
perty in party-wall, &c., until payment, s. 46, p. 59. 

Delivery to, of account of expenses and proceedings thereon, s. 47, 
p. 60. 

Liability of adjoining-owners to expenses, inter se, where lease be- 
fore the Act — determination of disputes, s. 49, p. 63. 

Where lease after the Act, s. 49, p. 64. 

Contribution between adjoining-owners of like degree— settlement of 
proportions — remedy for, s. 50, p. 65. 

Service of notices on, s. 112, p. 112. 
Affirmation, 

Official Referees may take evidence on, s. 85, p. 95. 
Agent, 

Registrar and Referees not to be, for owners of houses within limits, 
s. 95, p. 101. 

Notices may be served on agents of owners, s. 112, p. 114. 
Agreement, 

For a lease, tfide leases — ^building agreement, vide contract. 
Alley, 

Definition of, s. 2, p. 4. 

What considered as already built, s. 2, p. 5. 

» as hereafter to be built, ib. 

Width of, Sched. I. p. 147 ; entrances to, p. 148. 
■■ how width measured, p. 148. 



162 isDMX. 

Alreadf Built, 

Definition oi, s. 2, p. 5. 
Alteration, 

Of buildings before Act must be according to Roles, s. 5, p. 9« 
Notice to be given before alteration rnnde, s, 13, p. 16. 
Angle Chimneys, 

Construction of, Sched. F. p. 142. 
Appeal, 

To Commissioners of Works and Buildings as to superyision of First 

Bate warehouses and pubUc buildings, s. 6, p. 10. 
To Official Referees when buildings not within rates, s. 8, p. 11. 

• when regulations of the Act vary firom building 

contract, s..9, p. 11. 

-against certificate of Surveyor as to building 



party-wall, s. 24, p. 35. 

- upon account of expenses of building pjEorty-wall, 



&c., s. 47, p. 61. 
To Quarter Sessions from conviction for nuisance — ^notice of appeal 

— recognizance — ^notice of grounds, s. 57, p. 73. 
for Surrey and Kent at sojourned Sessions, s. 59, 

p. 76. 

• from convictions as to penalties — ^notice and re- 



cognizance, s. 105, p. 107. 

To Secretary of State as to portico of public buildings^ Sched. £. 
p. 140. 
Arbitrators, 

Official Referees have the same power as, s. 83, p. 94. 
Arch, 

Of building over public way, materials and construction of, Sched. 
D. V. p. 139. 
Architect, vide Builder. 

Qualified to be Examiner of Surveyors, s. 66, p. 81. 

Official Referee, s. 80, p. 92. 

Architectural Decorations, 

Projection of, from face-walls, and materials, Sched. E. p. 140. 
Area, 

Rule for ascertaining, Sched. C. i. p. 123. 
Area Inclosures, 

Projection of, and materials, Sched. E. p. 140. . 

Not to encroach on public way, id. 
Assistant Surveyor, 

Included under Surveyor, s. 2, p. 6. 

Appointment of, entitled to Fees, s. 75, p. 87. 
Attached Buildings, 

Regulations of, Sched. C. viL p. 129. 

External wall may be used as the party-wall of, Sched. D. ii. p. 136. 
Attic Rooms, 

Height of, Sched. K. p. 149. 



INDEX. 163 

Aviaries, 

Not within Act, Sched. C. vii p. 130. 
Award of Official Referees, 

Subjects of, irregularity of building, s. 14, p. 19. 

as to building party-structure, s. 24, p. 34. 

■ as to repairing or rebuilding decayed party-structure at 

joint expense, s. 25, p. 30. 

as to materials and site of sound party-wall, s. 30, 



p. 41. 

—^—^ as to pulling down intermixed buildings, s. 34, p. 44. 

as to ruinous building, s. 40, p. 50. 

as to manner in which expenses of party-wall to be paid 



by occupier, s. 49, p. 63. 

as to contribution between different adjoining-owners 



towards expenses of party-wall, s. 50, p. 66. 
Generally upon disputes refeired to them, s. 82, p. 93. 
Effect of, s. 83, p. 94. 

May be made after partial revocation, s. 84, p. 94. 
Effect of, as evidence, s. 86, p. 96. 
Custody of, by Registrar, s. 91, p. 99. 
Inspection and copies, id. 
Re^tration of, s. 93, p. 100. 
Recovery of money due under, s. 102, p. 105. 
Exempt from stamps, s. 118, p. 116. 

Balconies, 

Projection of, from face-walls, and materials, Sched. E. p. 140; to 
have rain-water pipes, Sched. 6. p. 146. 
Bail-Room, 

• Public, is within Public Building Class, Sched. C. i. p. 121. 
Bank of England, 

Offices and buildings of, Sched. B. i. p. 120; s. 7, p. 10; s. 16, 
p. 21. 
Barons of Exchequer, 

To administer declaration of fidelity to Official Referees, s. 87, p. 96 ; 
to Reisistnur, s. 90, p. 99. 
Beamis, 

How fixed in party-waUs, Sched. D. iii. p. 137. 
Bethlem Hospital, 

Buildings of, Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Blocking-courses, 

Projection oif, frt>m face-walls, and materials, Sched. E. p. 140. 
Blood-Boiler, 

Business of restrained, s. 55, p. 71. 
Boiler Furnace. 

Height of chimney-shaft, Sched. F. p. 145. 
Bond, 

Of wood, how laid into external wall, Sched. D. ii. p. 133. 



1 64 INDEX. 

Bone-Boiler, 

Business of reatrained, s. 55, p. 71. 
Bow Window, 

Not to project beyond line of building, Sebed. £. p. 141. 
Brestsummers, 

How to be supported, Scbed. D. ii. p. 134 ; how fixed in party-walls, 
Sched. D. iii. p. 137. 
Brewery, 

Included in Warehouse Class, Sched. C. i. p. 121 ; height of chimney- 
shaft;, Sched. F. p. 145. 
Bridge. 

Sched. B. i. p. 120; tide Buildings in Sched. B., a. 7, p. 10; a. 16, 
p. 21. 
British Museum, 

Buildings of, Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Builder, 

Definition of, s. 13, p. 16. 

Of buildings generally, to give notice to Surveyor before building, &c. 
— when building suspended — ^when builder changed — ^penal^ for 
neglect, s. 13, p. 16. 

Of warehouse of ^st Class or public building, to give notice to Official 
Referees when walls built, &c. — to amend defects upon notice 
thereof — ^to give notice to Official Referee of amendment—of com- 
pletion, 8. 15, p. 19. 

Of Buildings in Sched. B. L, to give notice to Official Referees, 
and submit plans before building — ^amend defects upon notice — 
give notice of amendment — of completion, s. 16, p. 21. 

To be summoned before Justices when buUding contrary to the 
Act — ^appearance enforced by warrant, to enter into a recognizanee 
to abate or amend buildings, and pay costs — on refusal may be 
committed, s. 16, p. 21. 

Of party-wall, may enter adjoining premises, s. 36, p. 46. 

Liable to Surveyor's Fees — ^proceedings against for recovery, a. 77, 
p. 88. 
Buildings, 

What considered as already built — ^what as hereafter to be built, s. 2, 
p. 5. 

General regulations as to building, rebuilding, enlarging, and altering, 
8. 5, p. 9. 

Classes of, Sched. C. i. p. 121 ; rates of, Sched. C. i. p. 122 ; C. ii. 
p. 124 ; C. iii. p. 126 ; C. v. p. 128. 

Not within rates. Surveyor to direct mode of building, s. 8, p. 11. 

Under building contracts, how to be built, s. 9, p. 11. 

Under covenants in building leases, how to be built, s. 10, p. 13. 

Commissioners of Works and Buildings may modify regulations, s. 11, 
p. 14. 

may modify regulations n to 

rebuilding existing buildings, s. 12, p. 15. 



INDEX. 165 

Buildings, 

Notice to be given to Surveyor before building — ^where building sus- 
pended — ^where builder changed, s. 13, p. 16 ; abatement of, where 

no notice given, or Surveyor refused admittance, s. 13, p. 17 ; 

where building irregular, Surveyor may cut into, and upon notice 

builder must amend — Official Referees may award amendment, &c., 

s. 14, p. 18. 
Surveyor and Official Referees may enter premises during progress of 

building, 8. 17, p. 23. 
Where building irregular, builder to enter into recognizance to abate, 

s. 18, p. 24 ; Justices may order abatement, s. 18, p. 26. 
Regulations as to raising future and existing buildings, s. 31, p. 41; 

adjoining-owner to contribute to expense if he use raised part, 

8. 31, p. 42. 
Not to be erected near dangerous manufactory — penalty, s. 54, p. 69. 
Attached buildings and offices, Sched. C. vii. p. 129. 
Insulated buildings of First and Second Class, not within the Act, 

Sched. C. vii. p. 130. 
Chimneys to buildings of first rate construction — to buildings of 

second and third rates, Sched. F. p. 142. 
Roadway to buildings of First Class, Sched. K. p. 148. 
Vide Buildings in Schedule B. — Dwelling- House Class, Warehouse 

Class, Public Building Class, Intermixed Buildings, Buildings over 

Public Ways, Attached Buildings, Insulated Buildings, Walls, 

External Walls, Party-Walls, Party-Arches, Chimneys, &c. 
Buildings in Schedule B. p. 120. 

Special supervision of, part i. — part iL exempt from supervision, 

s. 7, p. 10. 
Regulations as to the supervision and building and using of those in 

part L, 8. 16, p. 21, 
Buildings over Public Ways, 

Power to pull down, s. 34, p. 44 ; s. 20, p. 28. 
How to be separated from public way, Sched. D. v. p. 139. 
Building-Owner, 

Definition of, s. 20, p. 29. 

Power to repair, rebuild, or raise party- walls or party-fence-walls — 

to pull down timber partitions, intermixed buildings, &c., s. 20, p. 28. 
repair or rebuild decayed party-wall at joint expense, s. 25, 

p. 36. 

rebuild party-wall at his own expense, s. 26, p. 36. 

' excavate against and cut into party-wall, s. 28, p. 37. 

raise future and existing buildings — ^to recover a proportion 

of the expense from adjoining-owner if he use raised part, s. 31, p. 4 1 . 
■ repair, rebuild, and raise party-fence-wall — ^to build against 

it« and convert it into party-wall — ^to recover a proportion of the 

expense from adjoining-owner if he use it as a party-waU, s. 32, 

p. 42. 
— — pull down timber partition, and build party-wall, s. 33, p. 43. 



166 IKDEX. 

Building-Owner, 

Power to pun down intermixed btdldingSi s. 34, p. 44. 
To give notice of works to adjoining-owner, s. 21, p. 30. 
Adjoining-owner may cause work to be modified, s. 22, p. 30 ; or 

delayed, s. 23, p. 31. 
When adjoining-owner not consenting, to give notice to Surveyor and 

Official Referees, and procure a certificate of Surveyor, and con- 
firmation by Official Referees, s. 24, p. 33. 
Building external wall against a party- wall, s. 27, p. 37. 
To repair damage, s. 28, p. 38 ; and if party-wall made ruinous, may 

be compelled by adjoining-ovmer to rebuild, s. 29, p. 39. 
A4joining-owner taking down party-wall whilst sound, to compensate 

for site and materials, s. 30, p. 41. 
Right of entry on adjoining premises U> perform works, s. 36, p. 45. 
Building par^-walls next vacant ground — ^proceedings to bnud half 

wall on neighbour's land, s. 38, p. 47 ; to make chimney-breasts, 

&c., for adjoining-owner, at his request and expense, s. 39, p. 48. 
In what cases, and from whom, to recover a proportion of the expense 

of building a party structure, s. 46, p. 56 ; s. 11 1, p. Ill ; property 

in structure until payment, s. 46, p. 59. 
Delivery of account of expenses — proceedings thereon, and recovery 

of amount, s. 47, p. 60. 
Right to receive rent from occupier, and remedy, s. 49, p. 64. 
Remedy to recover expenses, s. 102, p. 105. 

Capacity, 

Rule for ascertaining, Sched C. i. p. 123. 
Carriage-Way, 

Included under Street, s. 2, p. 4. 
Cellar, 

Construction of, when used as a dwelling, Sched. K. p. 149. 

Prohibition of letting or occupying as a dwelling if otherwise con- 
structed — ^penalty, s. 53, p. 68. 

Overseers to report concerning, to Official Referees — Official Referees 
to give notice to owners and occupiers, ib. 

Door of, not to project over public way, Sched. E. p. 140. 
Certificate, 

Of Official Referees, of approval of walls, &c., of public buildings, s. 15, 
p. 19. 

• of safety when complete, s. 15, p. 20. 

Qf buildings in Schedule B. part i. g. 16, 

p. 22. 

of building, &c., being contrary to Act, s. 18, p. 25. 

Of Surveyor, as to building party-wall, &c. — ^notice thereof to parties 
— confirmation by Officiid Referees — appeal against, s. 24, p. 34 ; 
s. 25, p. 36. 

Of one Official Referee in same matter, s. 24, p. 35. 

Of Official Referees, as to costs of stopping openings in walls, s. 3 7, p. 4 7. 



INDEX. 167 

Cotillcftte, 

Of Surveyon, as to ruinoiis buHding, s. 40, p. 50. 
to be transmitted to Mayor and Aldermen, or Over- 
seers — appeal from, by Mayor, Aldermen, or Overseer, t^. 
Of Official Referees thereon, s. 40, p. 51. 

— ^— — — - as to expenses of taking down ruinous cbimney, 
n, 43, p. 55. 

upon account of expenses of building party-wall, 



8. 47, p. 61. 

amended account, s. 47, p. 62. 



Custody of—inspection, and copies, s. 91, p. 99. 

Registration of, s. 93, p. 100. 

Recovery of money due under, s. 102, p. 105. 

Exemption of, from stamps, s. 118, p. 116. 
Certiorari, 

Orders and convictions not removeable by, s. 104, p. 107. 
Cesspool, 

Construction of — communication with sewer, Sched. H. p. 147 ; s. 51, 
p. 66. 

Penalty for non-compliance, s. 51, p. 66. 

Proceedings where construction irregular, s. 14, p. 18. 
Cestuique trust, 

Notices to be served on trustee, s. 112, p. 112. 

Consent given by trustee, if not known, by Official Referee, s. 117, 
p. 115. 
Chambers, 

Party-waUs of buildings divided into, s. 35, p. 44. 
Chamberlain of London, 

Surplus moneys from materials of ruinous buildings to be paid to, 
s. 41, p. 53 ; deficiency, s. 42, p. 53. 

Expenses of pulling down to be paid to, s. 42, p. 53. 
Chapel, 

Withm Public Building Class, Sched. C. i. p. 121. 

Portico of, Sched. E. p. 140. 
Chases, 

In party-walls, regulations of, Sched. D. iii. p. 138. 
Chimneys, 

Notice to be given before building stack or flues, s. 13, p. 16. 

"When building irregular — proceedings to ascertain irregularities and 
procure amendment, s. 14, p. 18. 

Proceedings to abate when contrary to the Act, s. 18, p. 24. 

Breasts and shafts of, may be cut into, in building external wall against 
party-wall, s. 28, p. 37. 

How built when future buildings raised, s. 31, p. 41. 

Where half party-wall built on neighbour's land, breasts, jambs, and 
flues to be made in party-wall for adjoining-owner — to be paid for 
by him, s. 39, p. 48 ; s. 46, p. 56. 

Power to compel the repair of ruinous, s. 43, p. 54. 



1 68 I)f DBS. 

Chimneys, 

Compensation for ipjoiies done to adjjoiiiing premiaea by the Ailing 

of-Hremedy for, s. 44, p. 56. 
Of toll-hoases — ^how built, Sched. C. viL p. 131. 
Construction of — dimensions and materials, p. 142 ; timber and wood- 
work near, p. 143 ; slabs and hearths — ^backs of openings — openia^ 
back to back — angles of flues, p. 144 ; shafts and flues of--^pots 
and tubes, p. 145 ; cuttings into, p. 146, Sched. F. 
Church, 

Within Public Building Class, Sched. C. L p. 121. 
Portico of, Sched. £. p. 140. 
Circus, 

Included under street, s. 2, p. 4. 
Class, 

Of buildings, rules relating to, Sched. C. 1. p. 121. 
Alteration of, p. 122. 
Close Fire, 

Construction and materials of, Sched. F. p. 145. 
Cokel, 

Construction and materials of, ib. 
College, 

Within Public Building Class, Sched. C. L p. 121. 
Column, 

Projection of, from face-walls, and materials, Sched. E. p. 140. 
Commencement of Act, s. 1, p. 4. 
Commissioner, 

Registrar and Referees not to be, for owners of houses within district^ 
s. 95, p. 101. 
Commissioners of Treasury, 

To appoint fees for Registrar and Referees, s. 98, p. 103. 
Commissioners of Works and Buildings, 
Defined, s. 2, p. 6. 
Appeal from Official Referees as to warehouses and public buildings, 

s. 6, p. 10. 
May modify rules as to any building, s. 11, p. 14. 

— as to rebuilding old building, s. 12, p. 15. 

Appointment of Examiners of Surveyors by, s. 66, p. 81. 

Approval of Rules of Examination by, ib. 

Regulations and restrictions by, as to conduct of business of Official 

Referees, s. 88, p. 97. 
Appointment by, of Registrar, and control over, s. 89, p. 97. 
Money raised by County Rate to be paid to, s. 96, p. 102. 
Commitment, 

Of builder for refusal to enter into recognizance to abate or amend 

irregular building, s. 18, p. 25. 
Of workman, &c., on non-payment of penalty for wilfully doing work 
atrary to Act, s. 19, p. 28. 
luilding near dangerous manufacture, &c.| s. 54, p. 70. 



INDSZ. 1 69 

Commitment, 

fot building dwelling-house near noxious manufacture, &c., s. 55, 
p. 72. 

For non-payment of money due under award, &c., s. 102, p. 105. 

For non-payment of penalty, s. 103, p. 106. 
Compensation, 

For removal of dangerous or noxious business, s. 61, p. 77. 

May be raised by rate, s. 62, p. 78. 
Concert-Room, 

Public, within Public Building Class, Sched. C. i. p. 121. 
Conduct Money, 

Of witness, on reference before Official Referees, s. 85, p. 95. 
Consolidated Fund, 

Salary of Registrar and Referees partly paid from, s. 97, p. 103. 
Constable, 

To accompany Surveyor, &c., where entry refused him, s. 17, p. 24. 

— ^^— building-owner, s. 36, p. 45. 
Construction, 

Of words, s. 2, p. 4. 
Contracts. 

Building contracts to be executed in conformity with Act — difference 
of price to be determined by Surveyor — appeal to Official Referees, 
8.9, p. 11. • 
Contribution, 

Towards expenses of party-walls between different adjoining-owners, 
s. 50, p. 65 ; between buUding and adjoining-owner, see Expenses. 
Conviction, 

Before Magistrate, for penalty, s. 103, p. 106. 

Not removeable by certiorari, s. 104, p. 107. 

Appeal from, s. 105, p. 107. 
Coping, 

In danger of falling, s. 43, p. 54. 

Of party-walls, Sched. D. iii. p. 137. 

Projection of, from face-walls, and materials, Sched. E. p. 140, 
Copy, 

Of award, evidence of contents, s. 86, p. 96. 

Of awards and certificates, how obtained, s. 91, p. 99. 
Corbel, 

Of wood, how fixed in external wall, Sched. D. ii. p. 133. 

Of stone, how built in party- wall, Sched. D. iii. p. 137. 
Cornice, 

Projection of, from face-wall, and materials, Sched. E. p. 140. 

From shop front, Sched. E. p. 141. 
Ccnporation, 

Words importing an individual will include, s. 2, p. 7. 
Costs of Proceedings, 

Of reference to Surveyor, and appeal to Referees, where work varies 
from contract, s. 9, p. 12. 



1 70 INDEX. 

Costs of proceedings before Official Referees concerning irregnkrity in 
work, 8. 14, p. 19. 
Of Surveyor's application to abate irregular building, s. 18, p. 25, 

26. 
On appeal from Surveyor's certificate as to building party stnictuie, 

s. 24, p. 35. 
Of survey of party-wall, made ruinous by ctitting into, s. 29, p. 40. 
Of survey and appeal concerning ruinous building, s. 41, p. 51; s. 42, 

p. 52. 
Of proceedings as to ruinous cbimney, s. 43, p. 55. 
Of examination of account of expenses of building party structure, 

8. 47, p. 62. 
Of information for building near dangerous manufacture, &.C., s. 54, 
p. 70. 

• for building near noxious manufacture, &c., s. 55, p. 72. 

Of appeal from conviction for nuisance, s. 57, p. 74, 

Of trial by jury as to nuisance, s. 58, p. 76. 

Of reference to Official Referees, s. 82, p. 94. 

Of proceeding to recover money due under awards, &c., s. 102, 

p. 105. 
Of proceedings for penalty, s. 103, p. 106. 
Of appeal from conviction, s. 105, p. 108. 

Of action for thing done in pursuance of the .^Ict, s. 108, p. 110 ; se- 
curity for, s. 109, p. 110. 
Counting Houses, 

Party-walls of buildings divided into, s. 35, p. 44. 
County Rate, 

Salary of Registrar and Referees partly paid out of, s. 96, p. 102. 
Court, 

Included under alley, s. 2, p. 4. 
Covenant, 

As to contribution to expense of party-walls, s. 49, p. 64. 
Covent Garden Market, 

Buildings authorized by 9 Geo. lY. c. 113, Sched. B. i. p. 120; s. 7, 
p. 10; 8. 16, p. 21. 
Cowl, 

Height of, and how fixed in brick-work, Sched. F. p. 145. 
Crescent, 

Included under street, s. 2, p. 4. 
Catting, 

Into work to ascertain irregularity, s. 14, p. 18. 

Into party-wall, to build external wall against it, b. 28, p. 37. 

Into Chimneys, Sched. F. p. 146. 

Damage, 

To adjoining building, by falling chimney — ^remedy for, s. 44, p. 56. 
From adjoining-owner not transmitting notices to other owners, 
s. 112, p. 114. 



INDBZ. 171 

Dangerous Manufacture, 

Restraint of — penalty — proceedings for, s. 54, p. 69. 

Appeal to Quarter Sessions, s. 57, p. 73. 

Trial of question of nuisance by jury, s. 58, p. 74. 

In Surrey and Kent, where tried, s. 69, p. 76. 

Proceedings at Common Law, or under other Statutes, not affected, 
s. 60, p. 77. 

Purchase of remoyal, s. 61, p. 77 ; s. 61, p. 78. 
Declaration, 

As to ruinous building, before Lord Mayor or Justice, s. 40, p. 50. 

Of official fidelity, by District Surveyor, s. 71, p. 84. 

by Official Referees, s. 87, p. 96. 

by Registrar, s. 90, p. 99. 

Deputy Surveyor, 

Included under Surveyor, s. 2, p. 6. 

Appointment of — bright to fees, s. 73, p. 86. 
Detonating Powder. 

Manu£Eu;ture restrained, s. 54, p. 69 ; tee Dangerous Manufacture. 
Distillery, 

If under Etdse, not a nuisance within Act, s. 63, p. 80. 

Within Warehouse Class, Sched. C. i. p. 121. 

Height of chimney-shaft, Sched. F. p. 145. 
Distress, • 

For expenses of pulling down ruinous buildings, s. 42, p. 53. 

Against occupier, for expenses of party-structure, s. 49, p. 65. 

For penalty for carrying on dangerous business, &c., s. 54, p. 70. 

noxious business, &c., s. 55, p. 72. 

For Surveyor's fees, s. 77, p. 89. 

For money due imder awards, s. 102, p. 105. 

On conviction for penalty, s. 103, p. 106. 
District, 

To which Statute extends, s. 3, p. 7 ; power to extend, s. 4, p. 7. 

Of Surveyors — appointment of, s. 64, p. 80. 

Except in London, office to be vrithin, s. 72, p. 85. 

Power to curtail, s. 75, p. 87. 

Reference of disputes as to, s. 82, p. 93. 
Docks. 

Buildings of the London Docks, St. Katharine's, East and West India, 
and others, Sched. B. ii. p. 120, 121 ; s. 7, p. 10. 
Door. 

To openings in party-walls in warehouses, Sched. C. iv. p. 128. 

Frames of, how fixed in external walls, Sched. D. ii. p. 134. 

Tiers of door-cases to warehouses, how fixed in external waUs, Sched. 
D. ii. p. 134. 

Dressings of — projections from face-walls, and materials, Sched. E. 
p. 140. 

Of cellajr, not to encroach on public way, ib. 

In chimneys, Sched. F. p. 146. 



172 INDBX. 

Door) 

Of privy, Sched. H. p. 147. 
Donner, 

Height of party-wall above, Sched. D. iii. p. 138. 

Covering of, Sched. G. p. 146. 
Drains, 

Irregularity in construction — amendment thereof, s. 14, p. 18. 

Proceedings to abate, s. 18, p. 24. 

Provisions for making — communication with common sewers, and 
penalty, s. 51, p. 66. 

"When to be made — ^when to communicate vrith sewer — diameter — 
construction — materials, Sched. H. p. 146. 
Dwelling-House Class, 

Rates of, and thickness of walls, Sched. C. ii. p. 124. 

"When stairs are stone, to be made fire-proof, Sched. C. vi. p. 129. 

Insulated not within Act, Sched. C. viL p. 130. 

Thickness of inclosing walls of stories, Sched. D. i. p. 137. 

Openings in party-w^s of, Sched. D. iii. p. 138. 

Back yards to, when necessary, and extent, Sched. K. p. 148. 

Lowermost rooms and cellars, construction of— when used as dwell- 
ings — construction and height of attic rooms — height of other 
rooms used as dwellings, p. 149. 

Penalty for letting cellars as dwellings not constructed according to 
Act, s. 53, p. 68. 

Not to be erected near noxious business, s. 55, p. 71. 

East and West India Docks, 

Buildings of, Sched. B. u. p. 121, s. 7. p. 10. 
Eaves, 

In danger of falling, s. 43, p. 54. 
Embankment-Walls, Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Enlargement, 

Of buildings, before Act, must be according to rules, s. 5, p. 9. 
Entablature, 

Projection of, from face-walls and materials, Sched. E. p. 140. 
Entry, 

Right of entry of Surveyor and Official Referees, s. 17, p. 23. 

Of building-owner, and builder of party-wall, into adjoining premises, 
8. 36, p. 45. 
Evidence, 

Official Referees empowered to compel the attendance of witnesses, 
&C., 8. 85, p. 95. 

Copy of award, evidence, s. 86, p. 96. 
Examiners, 

Appointment and duties of, s. 66, p. 81. 
Exempted Buildings, 

Buildings of Saint Katharine Dock Company, near the Tower of 
London, Sched. B. ii. p. 120 ; s. 7» p. 10. 



INDEX. 173 

Exempted BnildingSi 

Buildings of London Dock Company, ScHed. B. ii. p. 121. 

— — — East and West India Dock Company, i6, 

London and Birmingham Railway Company, ib, 

any other dock or railway authorized by Statute, ib. 

Exhibition Room, 

Within Public Building Class, Sched. C. i. p. 121. 
Expenses, 

Of building according to Act where there is a building contract, s. 9, 
p. 11. 

Of cutting into work to ascertain irregularity, s. 14, p. 18. 

Of abating irregular building, s. 18, p. 27. 

Of rebuilding defective party-wall, &c., s. 25, p. 36. 

Of rebuilding sound party-wall, s. 26, p. 36. 

Of underpinning and repairing party-wall, excavated and cut into, s. 
28, p. 37. 

Of pulling down and rebuilding party-wall, made ruinous thereby, 
s. 29, p. 39. 

Of raising buildings, when raised, part used, s. 31, p. 42. 

Of repairing and rebuilding party-fence — of converting same into 
party-wall — ^if used by adjoining-owner, s. 32, p. 42. 

Of pulling down timber partitions and building party-walls, s. 33, 
p. 44. 

Of stopping openings in external walls, s. 37, p. 47. 

Of building party-walls next vacant ground, s. 38, p. 48. 

Of making chimney-jambs, breasts, and flues therein for adjoining- 
owner, 8. 39, p. 49. 

Of securing and pulling down ruinous buildings, s. 40, p. 50 ; s. 42, 
p. 52. 

Of securing or taking dovni ruinous chimneys, roofs, and projections, 
s. 43, p. 55. 

Relating to party structures when, from whom, and how much re- 
coverable by buUding-owner, s. 46, p. 56; s. Ill, p. 111. 

Until payment, property of party-structure is in builder, s. 46, p. 59. 

Delivery of account of, and proceedings thereon, s. 47, p. 60. 

Occupier paying to be reimbursed, s. 48, p. 62 ; s. Ill, p. 112. 

Liability to, of adjoining-owners, inter ae, s. 49, p. 63. 

Recovery of from tenant, s. 49, p. 64. 

Contribution to, between adjoining-owners, s. 50, p. 65. 

Disputes as to, may be referred to Official Referees, s. 82, p. 93. 

Of witness on reference to Official Referees, s. 85, p. 95. 

Of party-wall and site, when rate of one building increased, Sched. D. 
iii. p. 137. 
External Wall, 

Definition of, s. 2, p. 5. 

Of old building rebuilt, height, and thickness of, s. 12, p. 16. 

Notice to be given before building, &c., s. 13, p. 16. 

Irregularity in building, amendment of, s. 14, p. 18. 



174 INDEX. 

External Wall, 

Proceedings to abate where contrary to Act, s. 18, p. 24. 

Used as a party-fence-wall, repairing and rebuilding at joint expense, 

s. 25, p. 36. 
Building against party-wall, s. 27 and 28, p. 37. 
Where future bmlding raised, and thickness and materials of, s. 31, 

p. 41. 
Stopping openings in by neighbour, s. 37, p. 46. 
Thickness of, in Dwelling-House Class, Sched. C. ii. p. 124. 

in Warehouse Class, Sched. C. iii. p. 126. 

m Public Building Class, Sched. C. v. p. 128. 

Foundation and footings of, Sched. D. 1. p. 131. 

Construction and materials of — height and thickness of parapets — 

brestsummers, how fixed and supported — ^materials, for repairs — 

for rebuilding, when to be used as a party-wall, Sched. D. IL p« 138. 
Extra Parochial Place, 

Included under parish, s. 2, p. 5. 

Facias, 

Projection of, from face-walls, and materials, Sched. £. p. 140. 
Fees of Surveyors, &c. 

When to be paid by adjoining-owner to buHding-owner, s. 46, p. 59. 

Deputy entitled to, s. 73, p. 86. 

Surveyor acting during vacancy entitled to, s. 74, p. 87. 

Assistant Surveyor entitled to, s. 75, p. 87. 

Amount of, Sched. L. p. 150. 

Account of — ^remedy for — refunding, s. 77, p. 88. 

Return of, to be made to Registrar, s. 78, p. 89. 

Penalty for extortion and not refunding, s. 79, p. 90. 

Of Registrar and Official Referees, s. 98, p. 103. 
Fellmonger, 

Business of restrained, s. 55, p. 71. 
Fire-Proof, 

Stone stairs in dwelling-houses, and accesses, &c., to public buildings, 
Sched. C. vi. p. 129. 
Fireworks, 

Manufacture of restrained, s. 54, p. 69. 
Fixtures, 

Building-owner may remove, s. 36, p. 45. 
Flat, 

Covering of, to have rain-water pipes, Sched. G. p. 146. 
Floor, 

Meaning of, s. 2, p. 4. 

Of halls of First Class Buildings to be fire-proof, Sched. C. vi. p. 129. 

Of intermixed buildings, materials and construction of, Schqd. D. iv. 
p. 139. 

Of buildings over public ways, Sched. D. v. p. 139. 
Flues, see Chimneys. 



INDEX* 175 

Footings, 

Of party-wall, cutting away, when external wall built against, s. 28, 
p. 37. 

Of walls, materials, width, height, depth below ground, depth below 
lowest floor, Sched. D. i. p. 131. 

Of chimneys, Sched. F. p. 142. 
Footway, 

Is an alley, s. 2, p. 4. 
Foundations, 

Of adjoining building, to be secured when excavation made, s. 28, 
p. 37. 

Note as to right of, p. 38. 

Of walls, regulations, Sched. D. L p. 131. 

Of chimneys, Sched. F. p. 142. 
Funnel, 

For chimneys, height of, and how fixed in brick-worjc, Sched. F. p^ 145. 

For conveying smoke, heated air, or steam, how to be placed, i^. 
Furnace, 

Construction and materials of, Sched! F. p. 145. 

Height of chimney-shaft to boiler fiimaoe, ib. 
Furniture, 

Building-owner may remove, s. 36, p. 45. 

Expenses to be paid by adjoining-owner, s. 46, p. 59. 

Gaols. 

Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Gas-Works, 

Not a nuisance within Act, s. 63, p. 79. 
General Issue, 

Plea of, in action for acts done under Act, s. 108, p. 110. 
Girders, 

How fixed in external walls, Sched. D. ii. p. 133. 

— ^ in party-walls, Sched. D. iii. p. 137. 
Granary, 

Within Warehouse Class, Sched. C. i. p. 121. ■■ 

Greenhouses, 

Excepted from Act, Sched. C. vii. p. 130. 
Guildhall of London, 

Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Gunpowder Manufacture, 

Restrained, s. 54, p. 69. See Dangerous Manufacture. 
Gutter, 

Height of external wall above, Sched. D. ii. p. 134. 

Height of party-wall above, Sched. D. iii. p. 138. 

Coverings of— materials — ^to have rain-water pipes, Sched. G. p. 146. 

Hall, 

Within Pubhc Buildmg Class, Sched. C. i, p. 121. 



176 % nriiKx. 

Hcvths, 

Constnictkni and mafmilii o^ Sched. P. p. 144« 

Role for asoertamiiig, Sdied. C. L p. 122. 
Hereafter to be bidlt. 

Definition of, s. 2, p. 5. 
Hofpital, 

Within Public Building Class, Sdied. C L p. 121. 

Bethlem Hospital, Sdied. B. L p. 120. 
House. See Baildings. — ^DweDing-Honse Class. 
Houses of Correction, 

Sched. B. L p. 120; s. 7, p. 10; s. 16, p. 21. 

Idiot, 

Notice may be serred on committee, s. 112, p. 112. 

Consent giTen by, s. 117, p. 116. 

If committee not known, consent by Qfl&aal Referee, ib. 
Imprisonment, $ee Commitment. 
Indictment, 

For nuisance for carrying on noxious trade, court may suspend exe- 
cution, Sec., to enable party to prevent nuisance, s. 56, p. 73. 

Not affected by the Act, s. 60, p. 77. 
In&nt, 

Notices may be served on guardian, s. 112, p. 112. 

Consent given by, s. 117, p. 116. 

If guardian not known, consent by Official Referee, ib. 
Inns of Chancery, 

Reguhitions of party-walls, s. 35, p. 44. 
Inns of Court, 

Regulations of party-walls in, s. 35, p. 44. 
Inspector of Prisons, 

Places of confinement under the inspection of, Sched. B. i. p. 120 ; 
s. 7, p. 10 ; 8. 16, p. 21. 
Insulated Buildings, 

Not vrithin Act, and definition, Sched. C. vii. p. 130. 

Otherwise if divided into two, ib. 

Projections from, Sched. £. p. 141. 
Interim Registrar, 

Appointment of, s. 89, p. 98^ 
Intermixed Buildings, vide Party-Walls. 

Building-owner conditionally authorized to pull down, s. 20, p. 28. 

Notice to adjoining-owner, s. 21, p. 30. 

Certificate of Surveyor respecting, s. 24, p. 34. 

Pullingdownforpurpose of building party-wall, orparty.arch,8. 34,p. 44. 

Contribution towards expenses of pulling down, rebuilding, and 
building party-wall and party-arch, in case of, s. 46, p. 56. 

Materials and construction of party-walls, party-arches, and floors, 
Sched. D. iv. p. 139. 



INDEX. 177 

Iron Shoes, 

How built in partf-wallSi Sched. B. iii. p. 137. 
Irregular Buildings, 

Proceedings to amend, s. 14, p. 18. 

Proceedings to abate, s. 18, p. 24. 

Joists, 

How fixed in external walls, Sched. D. ii. p. 133. 

party-walls, Sched. D. iiL p. 137. 

Jury, 

Trial by, of question of nuisance, s. 58, p. 74. 
Justices of the Peace, 

Definition of, s. 2, p. 6. 

Conviction by, for using public buildings, &c., before certificate of 

safety, &c., s. 15, p. 21. 
■ ' for using buildings in Sched. B. i., s. 16, p. 23. 

— — — of workmen, for wilfully doing work contrary to Act, 

s. 19, p. 27. 
for using cellars as dwellings, s. 53, p. 68. 



' for building near dangerous manufacture, s. 54, p. 70. 
■ for building dwelling-house near noxious manufacture 

and nuisances, s. 55, p. 71. 
Declaration before, as to ruinous building, s. 40, p. 50. 
Nuisances to be prosecuted only at Special Sessions, s. 56, p. 72. 
Cannot be a District Surveyor, s. 69, p. 83. 
Proceedings before, where building contrary to Act, against builder, 

and to abate building, s. 18, p. 25. 
for costs of pulling down ruinons bulling, against 

owner, s. 42, p. 53. 

- for taking down ruinous chimney, and expenses, 



8. 43, p. 54. 

for Surveyor's fees, s. 77, p. 88. 

— for money due under award or certificate, s. 102, 



p. 105. 
for penalties, s. 103, p. 106. 



Kent, 

Where Quarter Sessions held on appeal for nuisance, s. 59, p. 76. 
Appointment of Surveyors in, s. 64, p. 80. 

Contribution towards salary of Registrar and Ofllcial Referees, s. 96, 
p. 102. 

Labourer, 

Penalty for wilfully doing work contrary to Act, s. 19, p. 27. 
Landlord, 

Expenses of works due from, and paid by, occupier, may be deducted 
£rom rent, s. 48, p. 62; s. Ill, p. HI. 
Lane, 

Included under street, s. 2, p. 4. 

M 



178 ;ndbx. 

Lantern Light, 

Height of party-wall aboye, Sched. D. iii. p. 138. 

Covering of, Sched. G. p. 146. 
Leases, 

Modification of building leases according to Act, s. 10, p. 18. 

Liability to expense of party-structure, in case of leases before or 
after Act, s. 49, p. 63. 
Lecture Room. 

Within Public Building Class, Sched. C. i. p. 121. 
Limits, 

Of Act, s. 3, p.. 7 ; power to extend, s. 4, p. 7. 
Linutation, 

Of claim to surplus from sale of materials of ruinous building, s. 41, 
p. 52. 

Of proceedings for penalty, s. 106, p. 108, — ^by Surveyor, s. 110, p. 
111. 

Of action for act done in pursuance of Act, s. 108, p. 109. 
Lintel, 

Of wood, how fixed in external wall, Sched. D. ii. p. 133. 
London, vide Lord Mayor, Mayor and Aldermen, Court of, Chambeiiain, 
Mansion House, Guildhall, and Royal Exchange, Sched. B. i p. 120 ; 
s. 7, p. 10; s. 16, p. 2L 
London and Birmingham Railway, see Exempted Buildings. 
London Docks, see Exempted Buildings. 

Buildings of, Sched. B. ii. p. 121 ; s. 7, p. 10. 
Lord Mayor, 

Power of, s. 2, p. 6. Vide Justices of the Peace. 

Declaration before, as to ruinous building, s. 40, p. 50. 

Warrant of, for expenses of pulling down ruinous buildings, s. 42, p. 53. 
Lowermost Rooms, 

What are, and construction, when to be used as dwellings, Sched. K. 
p. 149. 
Lunatic, 

Notices may be served on committee, s. 112, p. 112. 

Consent given by, s. 117, p. 115. 

If committee not known, consent by Official Referee, i6. 

Magistrate of Police Courts, 

Power of, s. 2, p. 6. Vide Justices of the Peace. 
Mansion House, 

Of City of London, Sched. B. i. p. 120; s. 7, p. 10 ; s. 16, p. 21. 
Manufactory, 

Within Warehouse Class, Sched. C. i. p. 121. 

Height of chimney-shaft, Sched. F. p. 145. 
Matches Ignitable by Friction, 

ManiSacture of restrained, s. 54, p. 69. 
Materials, 

Of sound party-walls pulled down, right to, s. 30, p. 41. 



IKDSX. 179 

Ifaterials, 

Of rmnoDS bnildhigB, sale of, s. 41, p. 51. 

Of footi]^ of walU, Sched. D. L p. 131. 

Of external walls, Sched. D. it p. 133 ; for the repair or reboflding, 
p. 135. 

Of party-walls, Sched. D. iii p. 137, of floors in iBtermixed buildings, 
Sched. D. iv. p. 139. 

Of floor or arch of building oyer public way, Sched. D. t. p. 139. 

Of projection from £u»-walls, &c., Sched. E. p. 140. 

Of chimneys, Sched. F. p. 142. 

Of roof coverings, Sched. 6. p. 146. 

Of drains, Sched. H. p. 147. 
Married Woman, 

On whom notices for to be served, s. 112, p. 112. 

By whom consents for, given, s. 117, p. 115. 
Mayor and Aldermen, Court of. 

Taking down ruinous buildings in London, s. 40, p. 49. 

Disposal of materials, s. 41, p. 51. 

Powers vested in mayor and aldermen to be exercised by the court, 
8. 45, p. 50. 

Appointment by, of Surveyor's districts, s. 64, p. 80. 

of Surveyors, s. 65, p. 81. 

To administer to Surveyor declaration of fidelity, s. 71, p. 84. 

To approve of Surveyor's office, s. 72, p. 85. 

To supply vacancies, s. 74, p. 86. 

Bepresentation to as to extent of Surveyor's district, s. 75, p. 87. 

Punishment of Surveyor, for breach of duty, by, s. 79, p. 90. 

Contribution towards salary of R^;istrar and Official Referees, s. 96, 
p. 102. 
Metropolis, Police Courts of, 

Power of magistrates, s. 2, p. 6. 
Mews, 

Included under street, s. 2, p. 4. 

Width of, and how measured, Sched. I. p. 148. 
Middlesex, 

Appointment of Surveyors in, s. 64, p. 80. 

Contribution towards salary of Registrar and Referees, s. 96, p. 102. 
Month, 

Means calendar month, s. 2, p. 6. 

Naphtha, 

Manufacture of restrained, s. 54, p. 69. 
Notice, 

Relating to buildings and works, Sched. M. and Table, p. 153. 

Of reference to Surveyor as to building contract, s. 9, p. 11. 

to Officiid Referees as to building leases, s. 10, p. 13. 

To owner of ruinous building to repair, &c., s. 40, p. 50. 

To repair ruinous chimney, &c., s. 43, p. 54. 



18Q INDBX. 

Notice, 

To owners of houses where cellars uted fis dwdliiigs, s. 53, p. 68. 

Of apx>eal from convictUm for nuisance — of grounds of appeal, b. 57, 
p. 74. 

from conviction for penalty, s. 105, p. 107. 

Of action for act done in pvrsuaBice of Act, s. 108, p. 109. 

Of proceedings for penalty — by informer to Surveyor and Offidal 
Referees, s. 1 10, p. 1 1 1 . 

Entry by Surveyor of notices served on him, s. 68, p. 83. 

Return of, to Registrar, s. 78, p. 89. 

Service of notices, s. 112, p. 112. 

Form of notice to be served on adjoining-owner> s. 112, p. 114. 

Service on occupier, s. 113, p. 114 ; on owner by delivory, s. 114* 
p. 114; on owner by transmission, s. 115, p. 115; on Surveyors 
and Official Refer.ees, s. 116, p. 115. 
Noxious Manufactures, 

Restraint, of and penalty, s. 55, p. 70. 

Prosecution for, at Special Sessions, s. 56, p. 72. 

Suspension of execution, &c., 46, 

Appeal to Quarter Sessions, s. 57, p. 73. 

Trial by jury, s. 68, p. 74. 

In Surrey or Kent when tried, s. 59, p. 76. 

Common Law and Statutory remedies saved, s. 60, p. 77. 

Proceedings to purchase removal, s. 61, p. 77. 

Compensation fund, how raised, s. 62, p. 78. 
Nuisance, 

Building considered as, when notice not given, s. 13, p. IT. 

When built contrary to Act, s. 18, p. 24. 

Dangerous manufactures restraint, s. 54, p. 69. 

Noxious trades, s. 55, p. 70. 

Oath, 

Official Referees may take evidence on, s. 85, p. 95. 
Occupier, 

Liability to expenses of abating irregular building, s. 18, p. 27. 

AppUcation by, to Surveyor, when party-wall ruinous by cutting into, 
s. 29, p. 39. 

Liability to expense of abating ruinous building, s. 42, p. 52. 

Liability to repair ruinous chunney, s« 43, p. 54. 

liabiUty to expense of building party-structures, s. 46, p. 58 ; s. Ill, 
p. 111. 

Right to deduct from rent expenses, &c., pud, a. 48, p. 62. 

Building-owner of party-structure may receive rent from, s. 49, p. 64, 

Liability to Surveyor for fees, s. 77, p. 88. 

Reference of disputes as to expense to be borne by, to Official Referees, 
S.82, p. 93. 

When notices for owner may be served on— to state name and resi- 
dence of his landlord, s. 112, p. 113. 



INDEX. ISI 

Occupier, 

. iHode of service of notice on, s. 113, p. 114. 
Offensive Business, see Noxious Manufactures. 
Office, 

Regulations as to building, SohecL C. vii. p. 129. 

External wall naay be used as the party-yrall of, Scbed. D. ii p. 138. 
Offices, 

Party-'Walls of buildings divided into, s. 35, p. 44. 
Officers, 

Meaning of reference to, s. 2, p. 6. 

Tenure of office is subject to the provisions of future statute, s. 99, 
p. 103. 
Official Referees, 

Decision by, of doubts and differences as to buildings, s. 5, p. 9. 

Supervision by, of first Rate warehouses and pubMc buiidings, s. 6, 
p. 10. 

^ of buildings in Sched. B. i. p. 120; s. 7, p. 10. 

Appeal to, from Surveyor, as to buildings not within rates, s. 8, p. 11. 

as to costs of building where Act varies from contract, 

s. 9. p. 11. 

Reference to, as to compensation to tenant under building lease, 
s. 10, p. 13. 

Report of, as to modification of rules, s. 11, p. 14. 

As to modification of rules in rebuil^ng old buildings, s. 12, p. 15. 

Award of, as to irregularities in building, s. 14, p. IB. 

Supervision by, of Rrst Rate warehouses or public buildings, notices, 
surveys, and proceedings, s. 15, p. 19. 

of buildings in Sched. B. i. ; notices, surveys, and pro- 
ceedings, s. 16, p. 21. 

Right of entry into premises, s. 17, p. 23. 

Certificate of, for the abatement of an irregular building, s. 18, p. 24. 

Decision o£^ as to the owner entitled to the surplus from sale of 
materials, s. 18, p. 26. 

— as to modification of work in building party-structure, 

s. 22, p. 31. 

T^ — . . — as to delay of work, s. 23, p. 32. 

Notices to, and proceedings of, before building party-structure with- 
out consent of adjoining-ovmer, s. 24, p. 33. 

Opinion as to carelessness of building-owner in cutting into party- 
wall, s. 29, p. 40. 

Reference to, of disputes as to materials and site of party-wall, s. 30, 
p. 41. 

Authority and award of, as to pulling down intermixed buildings, 
s. 34, p. 44. 

Certificate of, as to costs of stopping openings in walls, s. 37, p. 47. 

Proceedings and award of, as to ruinous buildings, s. 40, p. 49. 

Certificate of, as to expenses of abating ruinous chimney, &c., s. 
43, p. 55. 



182 INDXX/ 

Offidal Befereei, 

To fix prices o( works disrgeable on ad|oi]iiiig-<yw]ier, s. 47, p. 71. 

Examinatioii by, of accounts of expenses, s. 47, p. 71. 

Decision bj, u to adjoining-owners liable, s. 49, p. 63. 

Award of , as to payment of expenses by occnpier, s. 49, p. 64. 

■ as to contribotion between sevend owners of adjoining 

premises, s. 50, p. 65. 
To give notice where cellazs are nsed as dwellings, s. 53, p. 68. 
Ex-ofBdo examiners of District Smrreyors, s. 66. p. 81. 
Approbation of Deputy Surveyor, s. 73, p. 86. 
Representation of, where Surveyor's dislnrict too large, s. 75, p. 87. 
Appointment by, of assistant Surveyor, s. 75, p. 87, — ^where District 

Surveyor professionally concerned, s. 76, p. 88. 
Order of, to Surveyor to refund fees, s. 77, p. 89. 
Appointment of, s. 80, p. 91. 
Functions of, s. 81, p. 92. 
Jurisdiction over d&sputes referred to, s. 82, p. 93. 
Award of, -and effect thereof, s. 83, p. 94. 
Revocation of authority, s. 84, p. 94. 
Power as to evidence, s. 85, p. 95. 
Effect of awards as evidence, s. 86, p. 96. 
Declaration of official fidelity, s. 87, p. 96. 
When one may act, s. 88, p. 97. 
Sealing and confirmation of awards, &c., s. 89, p. 98. 
Custody of — ^inspection — copies, s. 91, p. 99. 
Registration of, s. 93, p. 100. 
Salary of, s. 94, p. 100 ; s. 96, p. 101 ; s. 97, p. 103. 
Not to be commissioner, steward, receiver, or agent of ovnier of 

houses within limits, s. 95, p. 101. 
Fees of, s. 98, p. 103. 
Services of notices, s. 116, p. 115. 

May consent for unknown or incapable owners, s. 117, p. 116. 
Certificates and awards exempt from stamps, s. 118, p. 118. 
Power to modify rules where class altered, or builduQg used as dwel- 
ling or warehouse, Sched. C. i. p. 122. 
May authorize openings in party-waUs of warehouses, Sched. G. iv. 

p. 128— of dwelling-houses, Sched. D. iii. p. 138. 
Power to regulate the structure of public buildings, Sched. C. v. 

p. 129. 
— — — as to thickness of inclosing walls of stories of First and Second 

Class Buildings, Sched. D. i. p. 132. 
— — ^— as to recesses and chases in party-walls, Sched. D. iiL p. 138. 
— as to materials of floors of intermixed buildings, Sched. D. 

iv. p. 139. 

■ as to arches of buildings over public ways, Sched. D. v. p. 139. 
to porticoes of public buildings and projections, Sched. £. 

o construction and height of chimney-shafts^ Sched. F. 



IKDSX. 183 

openings, 

In external walls, stopping, s. 37, p. 46. 
In party-walls of warehouses, Sched. C. iv. p. 128. 
■ of dwelling-houses, Sched. D. ilL p. 138. 

Order in Council, 

Limits of Act may be extended by, s. 4, p. 7. 

Purchase of removal of dangerous or offensiYe business may be 

ordered by, s. 61, p. 77. 
Outer Door, 

Building-owner may break, s. 36, p. 45. 
Oven, 

Construction and materials of, Sched. F. p. 145. 
Overseers, 

Duty of, in case of ruinous buildings, s. 40, p. 49. 

Sale of materials, and application of proceeds by, s. 41, p. 51. 

Payment to, of expenses of abatement, s. 42, p. 53. 

To pay expenses of abatement of ruinous chimneys, s. 43, p. 55. 

To report to Official Referees concerning cellars used as dwellings, 

s. 53, p. 68. 
To raise rate for purchase of removal of dangerous' business, &c., 

s. 62, p. 79. 
Return to, of Surveyor's name, residence, and place of business, s. 72, 

p. 85. 
Owner. Vide Building-Owner — ^Adjoining-Owner. 
Definition of, s. 2, p. 5. 
To give notice to Surveyor before building, &c., when no master 

bmlder employed, s. 13, p. 16. 
Penalty, ib. 
Entitled to surplus from materials of irregular buildings abated, to 

make good deficiency, s. 18, p. 27. 
Of ruinous building, to have notice to pull down or repair, s. 40, 

p. 50. 
Entitled to surplus of sale of materials, s. 41, p. 51. 
To supply deficiency on demand, s. 42, p. 53. 
Obligation of, to repair ruinous chimneys, &c., s. 43, p. 54. 
-^— ^— to pay Surveyor's fees, s. 77, p. 88. 
Reference to Official Referees of disputes of, as to expenses, s. 82, 

p. 93. 
Service of notices on, s. 112, p. 112; where within limits of Act, 

s. 114, p. 114 ; where beyond, s. 115, p. 115. 
Owner served to transmit notice to other owners, s. 112, p. 113. 
Where inaquicitated or unknown. Official Referees may consent for, 

s. 127, p. 115. 

Fainted Table Covebs, 

Manufacture of restrained, s. 54, p. 69. 
Palaces. 

Sched. B. L p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 



1 84 XNDBX. 

Parapet, 

In danger of falling, s. 43, p. 54. 

Projection of, from face-wall, and materials, Sched. E. p. 140. 
Of external walls, height, and thickness of, Sched. D. IL p. 1^. 
Parish, 

Definition of, s. 2, p. 5. 

Petition by inhabitants to purchase remoyal of nnisanoe business, s. 

61, p. 77. 
Partition, 

How fixed in external walls, Sched. D. ii. p. 133. 
' in party-walls, Sched. D. iii p. 137. 

Party-Arch, 

Certificate of Surveyor as to building, s. 24, p. 34. 

When defectiye, building at joint expense, s. 25, p. 36. 

Pulling down intermixed building, to rebuild, s. 34, p. 44. 

Entry into adjoining premises for the purpose of rebuilding, s. 36, 

p. 45. 
Contribution towards expense of pulling down and rebuilding, a. 46, 

p. 56. 
Property in, until contribution made, s. 46, p. 59. 
Party-Fence-Wall, vide Party-Wall. 

Proceedings to abate when contrary to Act, 8. 18, p. 24. 
Building-owner conditionally authorized to rebuild, repair, or raise, 

s. 20, p. 28. 
Definition of, s. 32, p. 42. 
Repairing, rebuilding, and raising, ib» 
Contribution towards expense of building party-wall on site of, s. 46, 

p. 56. 
Foundation of— footings of— materials — ^width, height, depth below 

ground, Sched. D. i. p. 131. 
Party-Wall, 

Definition of, s. 2, p. 5. 

Of old building rebuilt, s. 12, p. 16. 

Notice to be given before building, s. 13, p. 16. 

Irregularity in building, s. 14, p. 18. 

Proceedings to abate when contrary to Act, s. 18, p. 24. 

Building-owner authorized to repair, rebuild, and raise, s. 20, p. 28. 

Notice to adjoining-owner, s. 21, p. 30. 

Adjoining- owner may require modification of works, s. 22, p. 30. 

may require delay of work, s. 23, p. 31. 

Notice to Surveyor and Official Referees, and proceedings thereon, 

when adjoining-owner not consenting, s. 24, p. 33. 
Rebuilding or repairing at joint expense, when out of repair or de- 
fective, s. 25, p. 36. 

at expense of building-owner, s. 26, p. 30. 

■ adjoining building of higher rate — ^party-wall to be rebuilt, 

or external wall erected against, s. 27, p. 37. 
Cutting into party-wall, and excavation in such case, a. 28, p. 37. 



IKDEX. 185 

Paity-WaU, 

To be rebuilt if made ruinous or dangerous, s. 29, p. 39. 

Bight to materials and site when taken down whilst sound, s. 30, 
p. 41. 

Where future buildings raised, thickness and materials of, 31, p. 41. 

Converting party-fence-wall into, s. 32, p. 42. 

Building instead of timber partitions, s. 33, p. 43. 

PulUng down intermixed buildings to build, s. 34, p. 44. 

Of houses in Inns of Court, &c., s. 35, p. 44. 

Entry into the premises adjoining for the purpose of building, s. 36, 
p. 45. 

Building next to vacant ground, s. 38, p. 47. 

Making chimney-breasts in for adjoining-owner, s. 39, p. 48. 

Contributions towards expenses of pulling down building, &c, s. 46, 
p. 56. 

Property in before contribution made, s. 46, p. 59. 

Jurisdiction of Official Ref^ees as to expenses of, s. 82, p. 93. 

Thickness of in Dwelling-House Class, Sched. C. ii. p. 124. 

Warehouse Class, Sched. C. iii. p. 126. 

When necessary in Warehouse Class, Sched. C. iv. p. 128. 

What openings in allowed, ib. 

Thickness of in PubUc Buildings, Sched. C. v. p. 128. 

Foundations and Footings of, Sched. D. i. p. 131. 

When external wall may be used as, Sched. D. ii. p. 135. 

When necessary — site, construction, and materials — height above 
roof — openings in — ^recesses and chases in, Sched. D. iii. p. 136. 

Between intermixed property, Sched. D. iv. p. 139. 

How shop front connected with, Sched. E. p. 141. 
Passage, 

Included under alley, s. 2, p. 4. 
Payment into Court, 

In action for irregular distress, s. 101, p. 105. 
Penalties, 

For not giving notice of building, s. 13, p. 16. 

For using pubUc building or warehouse of First Class before certi- 
ficate of safety, &c., s. 15, p. 21. 

For using buildings in Sched. B. 1., s. 16, p. 23. 

For obstructing entry of Surveyor, s. 17, p. 24. 

For workmen wilfully doing work contrary to Act, s, 19, p. 28. 

For obstructing entry of builder of party-wall, s. 36, p. 46. 

For not repairing ruinous chimney, s. 43, p. 55. 

For making dnuns, cesspools, and privies contrary to Act, s. 51, 
p. 67. 

For making street, &c., contrary to Act, s. 52, p. 67. 

For carrying on dangerous manufacture, or building near, s. 54, p. 70. 

For carrying on noxious trade, or building houses near, s. 55, p. 70. 

On Surveyor for acting before making declaration, s. 71, p. 84. 

■ for extortion, negligence, or unfaithfidness, s. 79, p. ^^ 



186 uissz« 

Penalties, 

Proceedings for before Justices, s. 103, p. 100. 

Conyiction not removeable, s. 104, p. 107. 

Appeal to Quarter Sessions, s. 105, p. 107. 

limitation of proceedings, s. 106, p. 108. 

Application of, s. 107, p. 108. 

Surveyor may sue for, s. 110, p. 111. 

Informer to give notice to Surveyor and Referees, ib. 
Piers, 

Projection of from face-walls, Sched. E. p. 140. 
Pilaster, 

Projection of, from face-waUs, t^. 
Pipe, 

For conveying smoke, heated air, steam, position of, Sched. F. p. 145. 
Place, 

Included under street, s. 2, p. 4. 

If a footway, included under alley, ib. 
Plan, 

Of buildings in Schedule B. L to be laid before Official Referee before 
building commenced, s. 16, p. 21. 
Plate of Wood, 

How fixed in external wall, Sch^ D. iL p. 133. 
Police Courts, Metropolitan, 

Power of magistrates, s. 2, p. 6. 
Porches, 

Projection of, frY)m face-walls, Sched. E. p. 140. 
Portico, 

Of public buildings, ib. 

Of other buildings, ib. 
Prices, 

Chargeable on acyoining-owner to be fixed by Official Referees, s. 47, 
p. 61. 
Prisons, 

Sched. B. L p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Privy, 

To be built according to Sched. H., s. 51, p. 66. 

Penalty for non-compliance, ib. 

To have doors, or be screened from public view, Sched. H. p. 147. 
Privy Council, . 

Petition to Queen in Council for purchase of removal of nuisance, 
s. 61, p. 77. 
Projections, 

Proceedings to abate where contrary to Act, s. 18, p. 24. 

Repair of ruinous, s. 43, p. 54. 

Of porticoes of public buildings, Sched. E. p. 140. 

From face-walls, when part of walls, when not part thereof, over 
public ways, ib. 

Of bow windows, &c., beyond general line of buildings, ib. . 

From insulated buildings, 141. 



INDBX. 187 

Public Act, 8. Il9t p. 116. 
Public Building Class, 

To be built under supervision of Official RefereeSi s. 6, p. 10. 

Mode of supervision, s. 15, p. 19. 

liVhat buildings within, Sched. C. i p. 121. 

Rates of, thickness of walls, Sched. C. v. p. 128. 

Fire-proof accesses and stairs, &c., Sched. C. vi. p. 129. 

Portico of, Sched. E. p. 140. 

Quarter Sbbsions, 

Appeal to, from conviction for nuisance, s. 57, p. 73. 

Recognizance before conviction, to try at Quarter Sessions, s. 58, 
p. 75. 

In Surrey and Kent, Sessions to be adjourned, s. 59, p. 76. 

To appoint Surveyors' districts, s. 64, p. 80. 

-^-^— Surveyors, s. 65, p. 80. 

To administer declaration to Surveyor of official fidelity, s. 71, p. 84. 

To approve of situation of Surveyor's office, s. 72, p. 85. 

To fill up vacancies, s. 74, p. 86. 

Representation to, by Official Referees, of District being too extensive, 
s. 75, p. 87. 

To fine or discharge for breach of duty, s. 79, p. 90. 

Appeal to, on conviction by Justices, for penalty, s. 105, p. 107. 
Quay Walls, 

Sched. B. L p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Queen. 

Her Mtjesty bound by award of Official Referees, s. 83, p. 94. 

Buildings belonging to, Sched. B. i. p. 120; s. 7, p. 10; 8. 16, 
p. 21. 
Queen's Bench, Court of. 

Award of Official Referees to be enforced by, s. 83, p. 94. 

Railway, 

London and Birmingham, buildmgs of, Sched. B. ii. p. 120; s. 7, 
p. 10. 

Other railways, ib. 
Rain-water pipes. 

Roofs, &c., to be supplied with, Sched. G. p. 146. 
Raising Buildings, s. 31, p. 41. 
Rate, 

For compensation for removal of dangerous business, s. 62, p. 79. 

For salary of Registrar and Referees, s. 96, p. 102. 
Rebuilding, 

Of buildings erected before the Act — ^Act extended, s. 5, p. 9. 

Rules may be modified, s. 12, p. 15. 
Receiver, 

Registrar and Referees not to be, for owners of houses within district, 
s. 95, p. 101. 



188 INDEX. 

RCC68S68) 

In external n^alls, Sched. D. ii. p. 133. 

In party-waUs, SchecL D. iiL p. 138. 
Recognizance, 

Of builder to abate irregular building, s. 18, p. 25. 

To try appeal from conviction of Justices for nuisance, s. 57, p. 74. 

Before conviction, to have nuisance tried by jury, s. 58, p. 74. 

On appeal from conviction for penalty, s. 105, p. 107. 
Rectifiers of Spirits, 

If under Excise, not a nuisance -within the Act, s. 63, p. 80. 
Registrar of Metropolitan Buildings, 

Rules for examination of Surveyors to be registered with, s. 66, p. 82. 

Return to, of names and residences of District Surveyors^ s. 72, p. 85. 
I — of works, fees, and notices, s. 78, p. 89. 

Assent of, to one Referee acting in references, s. 82, p. 93; and 
generally, s. 88, p. 97. 

Appointment of — tenure of office — rules of office — seal of office — 
ftmctions, s. 89, p. 97. 

Declaration of official fidelity, s. 90, p. 98. 

Custody of documents of Official Referees, s. 91, p. 99. 

To permit inspection and give copies, t^. ; office of, s. 92, p. 100 ; 
sidary of, s. 94, p. 100. 

Not to be commissioner, steward, agent or receiver for owner of houses 
within limits, s. 95, p. 101. 

Fees of, s. 98, p. 103. 
Registration, 

Of awards, &c, of Official Referees, s. 93, p. 100. 
Rent, 

Occupier may deduct out of, expenses and costs due from landlord 
and paid by him, s. 48, p. 62. 

Building-oinier may receive until expenses paid, i. 49, p. 64. 
Repeal, 

Of Statutes, s. 1, p. 4 ; Sched. A. p. 118. 
Retaining Walls, 

Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Return, 

Of name, &c., of Surveyors, s. 72, p. 85. 

Of work, fees, and notices, by Surveyor to Registrar, s. 78, p. 89. 
Road, 

Included under street, s. 2, p. 4. 
Roadway, 

To First Class Buildings, Sched. K. p. 148. 
Roofs, 

Ruinous, repairs of, s. 43, p. 54. 

Of Warehouse Class, Sched. C. iv. p. 128. 

Of toll-houses, Sched. C. vii. p. 130. 
. How timbers of, laid into party-walls, Sched. D. iii. p. 137. 

Materials of the coverings of, Sched. G. p. 146. 



INDEX. 189 

Roofs, 

To have rain-water pipes, Sched. G. p. 146. 
Rooms. 

Comtruction of lowermost rooms in dwelling-liouses, Sched. K. p. 
149. 

Height of attic Hooms, ib, 

r— of other rooms, ib. 

Row, 

Included under street, s. 2, p. 4. 
Royal Exchange, 

Sched. B. i. p. 120 ; s. 7, p. 10 ; s. 16, p. 21. 
Ruinous Building, 

Proceedings to repair or abate, s. 40, p. 49. 

Sale of materials and application of proceeds, s. 41, p. 51. 
Ruinous Chimneys, Roofs and Projections, s. 43, p. 54. Vide Chimneys. . 
Rules, 

For building, extent of, s. 5, p. 9. 

Modification of, s. 11, p. 14. . 

For examination of Surveyors, s. 66, p. 81. 

Saint Katharine's Docks, 8ee Exempted Buildings. 
Salary, 

Of Registrar and Referees, s. 94, p. 100. 

Out of what funds payable, s. 96, p. 101 ; s. 97, p. 103, 
Seal of Registrar, 

Award of Official Referees to be sealed with, s. 83, p. 94. 

Copy sealed admissible in evidence, s. 86, p. 96. 

Summons for witness, s. 85, p. 95. 

Delegation of one Official Referee, s. 88, p. 97. 

To be kept and used by Registrar, s. 89, p. 98. 

Consent by Official Referees for nnknOwn or incapacitated owners, to 
be sealed with, s. 117, p. 116. 
Secretary of State, 

Consent by, to Surveyors' districts, s. 64, p. 80. 

to appointment of Surveyors, s. 65, p. €1, 

Appointment by, of two Official Referees, s. 80, p. 91. 

Appeal to, as to portico of public building, Sched. E. p. 140. 
Security for Costs, 

In actions for acts done under Act, s. 109, p. 110. 
Seijeants' Inn, Chancery Lane, 

Regulation of party-walls in, s. 35, p. 44. 
Servant, 

Penalty for wilfully doing work contrary to the Act, s. 19, p. 27. 
Sewers, 

Under jurisdiction of Commissioners, excepted from Act, s. 5, p. 9. 

Communication of drains with, s. 51, p. 67. 

Drains to communicate with, when, Sched. H. p. 146. 

Cesspool to be drained into, when, Sched. H. p. 147. 



190 tSDJtx. 

Sheriff, 

To receive Qaeen's moiety of penalty, s. 107, p. 108. 

To smnmon jury on triak of nuisances, s. 58, p. 75. 

To assess compensation for removal of nnisance, s. 61, p. 78. 
Shop Fronts, 

How fixed in external walls, Sched D. ii. p. 134. 

Projection of, construction, and materials, Sched« E. p. 141. 

To have rain-water pipes, Sched. 6. p. 146. 
Shoring up. 

Expense of shoring up adjoining building, &c., s. 46, p. 59. 
Sign Board, 

Height of, Sched. E. p. 142. 
Site, 

Of party-wall, Sched. D. iii p. 136. 
Slabs, 

Construction and materials of, Sched. F. p. 144. 
Slaughterer of Cattle, 

Business of restrained, s. 55, p. 71. 
Smoke Pipe, 

Position of, Sched. F. p. 145. 
Soap-Boiler, 

Business of restrained, s. 55, p. 71. 
Special Sessions, 

Penalty for carrying on noxious trade to be enforced at, s. 56, p. 72. 
Square (a Phice), 

Included under street, s. 2, p. 4. 
Square (measurement). 

Means an area of one hundred superficial feet, s. 2, p. 4. 
Stable, Sched. C. i. p. 121. 
Stairs, 

In dweUing-houses, and in public buildings, to be made fire-proof, 
Sched. C. yL p. 128. 
Stamps, 

Awards and certificates of Referees and Surveyors exempt from, 

S.118, p. 116. 
Statutes repealed, s. 1, p. 4 ; Sched. A. p. 118. 
Steam Engine, 

• Height of chimney-shaft to boiler furnace of, Sched. F. p. 145. 
Steps, 

Projection of, and materials, Sched. E. p. 140. 
Steward, 

Registrar and Referees not to be, for owners of houses vrithin district 
s. 95, p. 101. 
Storehouse, Sched. C. i p. 121. 
Story, 

Meaning of, s. 2, p. 5. 

Rule for ascertaining number, Sched. C. i. p. 123. 

Thickness of inclosing walls of, Sched. D. i. p. 132. 



INDBX. 191 

Street, 

Meaning of, s. 2, p. 4. 

What considered as already bnilt, s. 2, p. 5. 

To be made according to Sched. I., s. 52, p. 67. 

Width of, how measured, Sched. I. p. 147. 
Submission, 

Of disputes to Official Referees, s. 82, p. 93. 

Not reyocable except by consent of all, s. 84, p. 95. 
Summons, 

In proceedings before Justices, s. 106, p. 106. 

Of witness, by Official Referees, s. 85, p. 95. 
Surrey, 

On appeal for nuisance, where Sessions held, s. 59, p. 76. 

Contribution towards salary of Registrar and Referees, s. 96, p. 102. 
Survey, 

By Official Referees of Warehouse (Rrst Class), or Public Building, 
s. 15, p. 19. 

Of Buildings in Sched. B., s. 16, p. 21. 

By Surveyor and Official Referees, previous to building party-wall, 
&c., s. 24, p. 33. 

Of ruinous buildings, s. 40, p. 49. 
Surveyor, 

Definition of, s. 2, p. 6. 

To direct the rate of building not within rates, s. 8, p. 11. 

To determine difference in costs of building contracts executed 
according to Act, s. 9, p. 11. 

Notice to, previous to building, s. 13, p. 16. 

Proceedings to amend irregularity in building, s. 14. p. 18. 

Right of entry into premises, &c., s. 17, p. 23. 

Proceedings of, to abate building contrary to Act, s. 18, p. 24. 

Notice to, and proceedings as to building party.wall when adjoining- 
owner not consenting, s. 24, p. 33. 

To superintend cutting into party-wall, s. 28, p. 37. 

Proceedings of, when party-wall ruinous by cutting into, s. 29, p. 39. 

To authorize the raising of existing buildings, s. 31, p. 41. 

Proceedings of, where building ruinous, s. 40, p. 49. 

Proceedings of, where chimney, &c., ruinous, s. 43, p. 54. 

To give effect to directions of Official Referees concerning cellars, 
8. 53, p. 69. 

Appointment of, s. 65, p. 80. 

Examination of candidates for office, s. 66, p. 81. 

Tenure of office, s. 67, p. 82. 

Functions of, s. 68, p. 82. 

Justice of the Peace disqualified from being, s. 69, p. 83. 

Present Surveyors, under 14 Geo. III. c. 78, continued, s. 70, p. 83. 

Declaration of official fidelity by, s. 71, p. 84. 

Office of, time of attendance, return of name, &c., s. 72, p. 85. 

Appointment of deputy, s. 73, p. 86. 



192 INDBX, 

Surveyor, 

Vacancies in office, by whom filled up, s. 74, p. 86. 

During vacancy, Official Referees to appoint another District Surveyor, 

s. 74, p. 86 ; ^hen District too large, s. 75, p. 87. 
How to act when professionally employed, s. 76, p. 88. 
Fees of, s. 77, p. 88 ; Sched. L. p. 150. 

recovery of, s. 77, p. 88. 

return to Repstrar, s. 78, p. 89. 

Punishment for misconduct, s. 79, p. 90. 

Official Referees to superintend the execution ef the Act by, a. 81, 

p. 92. 

■ to determine disputes between party and Surveyor, 

or twb Surveyors on reference^ s. 82, p. 93. 
To proceed for penalties, s. 110, p. 111. 
Service of notices on, s. 116, p. 115. 
Certificate of, exempt from stamp duty, s. 118, p. 116. 
To approve of construction of floor or arch over public way, Sched. 

D. V. p. 139. 
To determine general line of buildings with reference to projections, 

Sched. E. p. 141. 

Tallo w-Meltbr, 

Business restrained, s. 55, p. 71. 
Tender of Atnends, 

In case of iiregukr distress, s. 101, pi. 104. 
Theatre, 

Sched. C. 1. p. 122, Public Building Class. 

Portico of, Sched. £. p. 140. 
Timber, 

How fixed in external walls, Sched. D. ii. p. 133. 

How placed in party-walls, Sched. D. iii. p. 137. 

near chimneys, Sched. F. p. 143. 

Timber Buildings, 

Proceedings to abate when contrary to Act, s. 18, p. 24, 
Timber Partitions, 

Building-owner conditionally authorised to pull dovni, s. 20, p. 28. 

Notice to adjoining-owner, s. 21, p. 30. 

Where one of buildings rebuilt, building-owner to take dowa, s. 33, 
p. 43. 

Contributions towards expenses of puQing down and building party- 
wall in lien of, s. 46, p. 56. 
Time. Vide Limitation. 

Of commencement of Act, s. 1. p. 4. 
Toll Houses, 

Regulations of, Sched. C. viL p. 130. 
Tripe-Boiler, 

Business restrained, b. 55, p. 71. 
Tube, 

For chimney, height of, and how fixed in bridc*work| Sched. F. p. 14$. 



INDEX. 193 

Turpentine, 

Mannfiictiire of, restained, 8. 54, p. 69. 
Turret, 

Height of party-wall above, Sdied. D. til. p. 13S. 

Covering of, Sched. G, p. 146. 

United Pakisbbs, 

Included under psriali, s. 2, p. 5. 

Vacant Ground, 

Bufldiug party-'waH next to, a. 38, p. 47. 
Varnish, 

If annfiMstore o^ restrained, s. 54, p. 69. 
Venue, 

In action for act done under Act, s. 108, p. 109. 
Verandah, 

Projection of, and materials, Sched. E. p. 140. 

To have rain-water pipe, Sched. G. p. 146. 
View, 

On trial by jury of penalty for nuisance, s. 58, p. 75. 
Vineries, 

Excepted from, Sched. C. vii. p. 130. 
Vitriol, 

Manufacture of, restrained, s. 54, p. 69. 

Wall, 

Of old building rebuilt, s. 12, p. 15. 

Rule for ascertaining thickness, Sched. C. i. p. 123. 

Foundations, footings, Sched. D. L p. 131. 

Thickness of inclosing walls to stories of buildings of First and 
Second Class, p. 132. 
Warehouse Class, Sched. C. L p. 120. 

First Rate to be built under supervision of Official Referees, s. 6, p. 10. 

Mode of supervision, s. 15, p. 19. 

What buildings within class, Sched. C. L p. 120. 

Building used partly as a dwelling-house, p. 122. 

Rates of, Sched. C. iiL p. 126. 

Rules for ascertaining capacity of, p. 123. 

Party-walls, when necessary — o^nings in — ^roofs, Sched. C. iv. p. 128. 

If insulated, not within Act, Sched. C. viL p. 130. 

Thickness of inclosing walls of the stories of, Sched. D. i. p. 132. 

Tiers of door cases, how fixed in external walls, Sched. D. iL p. 134. 
Warrant, 

Against builder, on proceeding to abate building, s. 18, p. 25. 

In proceedings for penalties on default of attendance, s. 103, p. 106. 
Water Pipes, 

Projection of, and materials, Sched. E. p. 140. 



194 INDEX. 

Way, 

To be made confonnable to Sched. I. s. 52, p. 67. 

Roadway to First Class buildings, Sched. K. p. 148. 
Wharf Walls. Vide Buildings in Sched. B. 

Sched. B. i. p. 120; s. 7, p. 10; s. 16, p. 21. 
Windows, 

Frames of, how fixed in external walls, Sched. D. iL p. 134. 

Dressing of projection of from face-wall, and materials, Sched. E. 
p. 140. 

Bow, not to project beyond line of building, p. 141. 
Witness, 

Quarter Session may compel attendance on trial by jury of penalty 
for nuisance, s. 58, p. 75. 

Official Referees may compel attendance of — entitled to conduct money, 
&c. — may be examined on oath or affirmation — giving false evi- 
dence liable for perjury, s. 85, p. 95. 
Wood-briok, 

How fixed in external wall, Sched. D. ii. p. 133. 

in party-wall, Sched. D. iii. p. 137. 

Woods and Forests Commissioners. 

Vide Commissioners of Works and Buildings. 
Wood-work, 

Near chimneys, regulation of, Sched. F. p. 143. 
Worship, Place of PubUc, 

Sched. C. i. Public Building Class, p. 121. 
Workmen, 

Penalty for wilfully causing work to be done contrary to Act, s. 19, 
p. 27. 
Workshop. 

Sched. C. Vide Warehouse Class, p. 121. 

Yard, 

When dwelling-houses to have back yard, Sched. K. p. 148. 



PRINTED BY W. HUGHES, KING's BEAD COURT, GOUGH SQUARE. 



PUBLISHED BY MR. WEALE. 



A NBW WORK, 

In 1 Vol. 8vO| TFith Plates, Price 7«. 6<f. in cloth boards. 

THB 

STUDENT'S, BUILDER^S, AND ARCHITECTS 
INSTRUCTOR 

in the art and practicb of measuring the various 
artificers' work in building genbrallt : 

A complete Code of Instructive Rules and Examples in the Practice of 
Measuring, Abstracting, Bringing the Quantities into Bill, and Valuing 
the seyer^ Works performed by the different Artificers in the Erection of 
Buildings. 

By a Retired Architect, formerly of extensive Practice, 
And revised by E. DOBSON, Assoc. Inst. C. E. 

The Contents of the Chapters are as follows : 
Introductory remarks and objects of the work. 
On measuring. 

— abbreviation. 

— rotation. 

— abstracting and bringing the quantities into bill. 

— valuation. 

— finding and calculating the decimal for day labour. 
Measurement of digging. 

in sidelong ground. 

Brick-work of different kinds. 

■ valuation of, with an engraving, illustrating the mode of 

measuring, &c. 

abstraction of, rotation, &c., and calculation of labour. 



Paving, measurement and valuation of. 

Slaters' work, tiling, &c. do. 

Carpenter and joiners' work of the several kinds, valuation of, with four 
engravings, exhibiting the mode of measuring and valuing floors, the 
interior of rooms, centering, bracketing, pilasters, &c., door cases, linings, 
sashes and frames, shutters, staircases, &c. 

Sawyers' work. 

Stone masons' work, measurement and valuation of the different kinds, 
with two engravings, showing the mode of measuring staircases, steps, 
landings, copings, window sUls, curbs, string-courses, plinths, architraves, 
niches, columns, blockings and cornices, stone facings, &c. 

Phisterers' work, measurement of, rotation, &c., with one explanatory 
engraving. 

Smith and ironmongers' work. 

Plumbers' work, valuation of. 

Painter and glaziers' work, do. 

Paper-hangers' work, do. 



/